CC Ordinance 2043
ORDINANCE NO.
2043
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A COMPREHENSIVE
AMENDMENT TO THE CAMPBELL ZONING CODE (TITLE 21
OF THE MUNICIP AL CODE) INCLUDING THE TEXT AND
DIAGRAM AMENDMENTS.
City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Title 21 Zoning Code of the City of Campbell Municipal Code is hereby
changed and amended to read as set forth in Exhibit A attached hereto.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption shall be published once within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa
Clara, State of California
PASSED AND ADOPTED this 6th
call vote:
day of
April
, 2004, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Furtado, Watson, Kennedy, Burr
Dean
None
None
APPROVa{-'~';-Q~~--- ,-
Donald R. Burr, Mayor
ATTEST:
(L~
Anne Bybee, City Clerk
CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING CODE
CHAPTER 21.01 - GENERAL PROVISIONS
Sections:
21.01.010 - Title
21.01.020 - Adoption
21.01.030 - Purpose
21.01.040 - Authority, Relationship to General Plan
21.01.050 - Applicability of Zoning Code
21.01.060 - Responsibility for Administration
21.01.070 - Use of Headings
21.01.080 - Partial Invalidation of Zoning Code
21.01.010 - Title
Title 21 of the Campbell Municipal Code shall be known and cited as the "Campbell Zoning Code."
21.01.020 - Adoption
The Zoning Code is adopted to promote the growth of the City in an orderly manner. This Zoning Code
establishes zoning districts that include all the territory within the City's boundaries. Within the
established zoning districts it shall be unlawful to alter, construct, erect, or maintain buildings or uses of
land that are not in conformance with the requirements and standards established in this Zoning Code.
21.01.030 - Purpose
The purpose of this Zoning Code is to implement the policies of the Campbell General Plan by classifying
and regulating the uses of land and structures within the City to promote and protect the public health,
safety, and general welfare while preserving and enhancing the aesthetic quality of the City. To fulfill
these purposes, it is the intent of this Zoning Code to:
A. Implementation. Implement the goals, objective, policies, and programs of the General Plan and to
manage future growth and development in compliance with that plan;
B. Maintain community character. Provide standards for the orderly growth and development of the
City that will maintain the community's characteristics in appropriate locations;
C. Classify land uses. Classify, designate, regulate, and segregate the uses of land and structures to
serve the needs of agriculture, commerce, industry, residences, and other purposes in appropriate
places;
D. Establish conditions. Establish conditions that will allow the enjoyment of open spaces, including
the appreciation of scenic beauty, by protecting the natural resources of the City;
E. A void congestion. Prevent the overcrowding of land by maintaining a suitable balance between
structures and opens spaces through regulation of bulk, height, location, number, size, and stories of
structures; the size and use of parcels and open spaces; the percentage of a parcel that may be
occupied by a structure; and the intensity of land use;
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.01
General Provisions
F. Organize adequate provisions for growth. Facilitate a comprehensive pattern of land uses that plan
adequate provisions for community utilities, including parks, schools, sewage, transportation, water,
and other public requirements;
G. Stabilize and conserve property values. Maintain and protect the value of property resulting from
the orderly planned use of its resources;
H. Ensure adequate parking. Ensure that adequate off-street parking and loading facilities will be
installed and maintained; and
I. Sign regulation. Regulate signs and billboards.
21.01.040 - Authority, Relationship to General Plan
A. State authority. This Zoning Code is enacted based on the authority vested in the City of Campbell
by the State of California, including but not limited to: the State Constitution; the Planning and
Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Government Code
Sections 66410 et seq.); and the California Health and Safety Code.
B. Implement the General Plan. This Zoning Code and the Zoning Map are the primary tools used by
the City of Campbell to implement the goals, objectives, and strategies of the Campbell General Plan,
which is the overall policy document ofthe City, hereafter referred to as the "General Plan".
21.01.050 - Applicability of Zoning Code
This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of
Campbell, as provided by this Section.
A. New land uses or structures, changes to land uses or structures. Compliance with the
requirements of Chapter 21.03.020 (General Requirements for Development and New Land Uses) or,
where applicable, Chapter 21.58 (Nonconforming Uses and Structures), is necessary for any person or
public agency to lawfully maintain, alter, construct, establish, reconstruct, or replace any use of land
or structure.
B. Issuance of Building or Grading Permits. The Community Development Department may issue
building, construction, or grading permits only when:
1.
The proposed land use or structure satisfies the requirements of Subsection A. above, and all
other applicable ordinances, regulations, and statutes; and
2.
The City Engineer determines that the site was subdivided in compliance with Title 20
(Subdivision and Land Development) of the Municipal Code.
C. Subdivision of land. Any subdivision of land proposed within the City after the effective date of this
Zoning Code shall be consistent with: the minimum parcel size requirements of Article 2 (Zoning
Districts), all other applicable requirements of this Zoning Code, and the City's subdivision
regulations.
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
General Provisions
21.01
D. Continuation of an existing land use. An existing land use is lawful only when it was legally
established in compliance with all applicable regulations, and when it is operated and maintained in
compliance with all applicable provisions of this Zoning Code, including Chapter 21.58
(Nonconforming Uses and Structures).
Existing land uses that were in violation of City zoning regulations applicable before the effective
date of this Zoning Code are in violation of this Zoning Code. These uses shall continue to be in
violation unless they conform to the current provisions of this Zoning Code, except as otherwise
provided in this Zoning Code.
E. Effect of Zoning Code changes on projects in progress. A land use permit application that has
been accepted by the Community Development Department as complete before the effective date of
this Zoning Code or any amendment shall be processed in compliance with the requirements in effect
when the application was accepted as complete.
F. Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for
the promotion of the public health, safety, and general welfare. When this Zoning Code provides for
discretion on the part of a City official or body, that discretion may be exercised to impose more
stringent requirements than identified in this Zoning Code as may be necessary to promote orderly
land use development and the purposes of this Zoning Code, provided that such requirements do not
exceed the authority otherwise residing in the City official or body. .
G. Other requirements may still apply. Nothing in this Zoning Code eliminates the need for obtaining
any permit, approval, or entitlement required by other provisions of the Municipal Code or complying
with the regulations of any City department, or any County, regional, State, or Federal agency.
H. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or
between this Zoning Code and other regulations, shall be resolved in compliance with Section
21.02.020 E. (Rules of Interpretation).
21.01.060 - Responsibility for Administration
This Zoning Code shall be administered by the City Council, the Planning Commission, the Community
Development Director, the Community Development Department, and other departments, groups or
individuals identified in this Zoning Code in compliance with the Campbell Municipal Code and Chapter
21.38.020 (Authority for Land Use and Zoning Decisions).
21.01.070 - Use of Headings
The headings of the chapters, clauses, sections, subsections, and subparagraphs of this Zoning Code,
together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of
convenience and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or any of
its provisions.
21.01.080 - Partial Invalidation of Zoning Code
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.01
General Provisions
If any portion of this Zoning Code is for any reason held to be invalid, unconstitutional, or unenforceable
by a court of competent jurisdiction, the decision shall not affect the validity effectiveness, or
enforceability of the remaining portions of the Zoning Code.
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General Provisions
CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
21.01
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
CHAPTER 21.02 - INTERPRETATION OF PROVISIONS
Sections:
21.02.010 - Purpose
21.02.020 - Rules oflnterpretation
21.02.030 - Procedures for Interpretations
21.02.010 - Purpose
This Chapter provides rules for resolving questions about the meaning or applicability of any part of this
Zoning Code. The provisions of this Chapter are intended to ensure the consistent interpretation and
application of the requirements of this Zoning Code and the General Plan.
21.02.020 - Rules of Interpretation
A. Authority. The Community Development Director shall have the responsibility and authority to
interpret the meaning and applicability of all provisions and requirements of this Zoning Code.
B. Minimum requirements. The provisions of this Zoning Code shall be strictly interpreted and
applied as minimum requirements (unless stated as maximums) for the promotion of the public
health, safety, convenience, and general welfare.
C. Language.
1. Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are
always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is
permissive. The present tense includes the past and future tenses; and the future tense includes
the present The singular number includes the plural number, and the plural the singular, unless
the natural construction of the word indicates otherwise. The words "include," "includes," and
"including" mean "including but not limited to . . ." and the word "used" includes the words
"arranged for, designed for, occupied, or intended to be occupied for."
2. Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the
following phrases, names of personnel, and decision making bodies are shortened in this Zoning
Code in the following manner.
The City of Campbell is referred to as the "City."
The State of California is referred to as the "State."
The County of Santa Clara is referred to as the "County."
The City of Campbell Municipal Code is referred to as the "Municipal Code."
The California Subdivision Map Act is referred to as the "Map Act"
The United States Federal Government is referred to as "Federal."
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
Interpretation of Provisions
21.02
3. Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit,
condition of approval, or notice issued or given in compliance with this Zoning Code, the number
of days shall be construed as calendar days, unless business days are specified. Time limits will
extend to the following business day where the last of the specified number of days falls on a day
that the City is not open for business, except as otherwise provided for by the Map Act.
4. State law requirements. Where this Zoning Code references applicable provisions of State law
(e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the
reference shall be construed to be to the applicable State law provisions as they may be amended
from time to time.
D. Calculations - Rounding. Where provisions of this Zoning Code require calculations to determine
applicable requirements, any fractionaVdecimal results of the calculations shall be rounded in
compliance with this Subsection.
1. Minimum parcel area and number of parcels. The fractionaVdecimal results of calculations of
the number of housing units allowed within a zoning district shall be rounded down to the next
whole number.
2. Residential density. The fractionaVdecimal results of calculations of the number of housing units
allowed within a zoning district shall be rounded down to the next whole number.
3. Parking spaces. The fractionaVdecimal results of calculations of the number of required parking
spaces shall be rounded up to the next whole number.
4. All other calculations. For all calculations required by this Zoning Code other than those
described in Subparagraphs D.1, D.2 and D.3 above, the fractionaVdecimal results of calculations
shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and
to the next lowest whole number when the fraction is less than 0.5, unless otherwise specified.
E. Conllicting requirements. Any conflicts between different requirements of this Zoning Code, or
between this Zoning Code and other regulations, shall be resolved as follows:
1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning
Code, the most restrictive requirement shall control;
2. Development agreements or specific plans. In the event of any conflict between the
requirements of this Zoning Code and standards adopted as part of any development agreement or
specific plan, the requirements of the development agreement or specific plan shall control;
3. Municipal Code provisions. In the event of any conflict between requirements of this Zoning
Code and other regulations of the City, the most restrictive shall control; and
4. Private agreements. It is not intended that the requirements of this Zoning Code shall interfere
with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this
Zoning Code became effective. This Zoning Code applies to all land uses and development
regardless of whether it imposes a greater or lesser restriction on the development or use of
structures or land than an applicable private agreement or restriction, without affecting the
applicability of any agreement or restriction. The City shall not enforce any private covenant or
agreement unless it is a party to the covenant or agreement.
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
21.02
Interpretation of Provisions
F. Allowable uses of land. If a proposed use of land is not specifically listed in Article 2 (Zoning
Districts) the use shall not be allowed, except as follows:
1. Similar uses allowed. The Community Development Director may determine that a proposed
use not listed in Article 2 may be allowed as a permitted or conditional use, or is not allowed. A
determination by the Community Development Director that a use is not allowed may be
appealed in compliance with Chapter 21.62 (Appeals). In making this determination, the
Community Development Director shall first find that:
a. The characteristics of, and activities associated with the proposed use are equivalent to those
of one or more of the uses listed in the zoning district as allowable, and will not involve a
greater level of activity, dust, intensity, noise, parking, population density, or traffic
generation than the uses listed in the zoning district;
b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site;
and
c. The proposed use will be consistent with the goals, objectives, and policies of the General
Plan and any applicable specific plan.
2. Applicable standards and permit requirements. When the Community Development Director
determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be
treated in the same manner as the listed use in determining where the use is allowed, what permits
are required, and what other standards and requirements of this Zoning Code apply.
G. Measurement of height and area requirements. When this Zoning Code requires that compliance
to a standard is met by specific measurements and there is an ambiguity concerning the measurement,
the Community Development Director shall make a determination as to the correct measurement.
21.02.030 - Procedures for Interpretations
Whenever the Community Development Director determines that the meaning or applicability of any of
the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific
case, the Community Development Director may issue an official interpretation or refer the question to
the Planning Commission for determination.
A. Request for interpretation. The request for an interpretation or determination shall be made to the
Community Development Department, shall include all information required by the Community
Development Department, and the fee established by the City's Fee Resolution.
B. Findings, basis for interpretation. The issuance of an interpretation by the Community
Development Director shall include findings stating the basis for the interpretation. The basis for an
interpretation may include technological changes or new industry standards. The issuance of an
interpretation shall also include a finding documenting the consistency of the interpretation with the
General Plan.
C. Record of interpretations. Official interpretations shall be:
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
Interpretation of Provisions
21.02
1. Written, and shall quote the provisions of this Zoning Code being interpreted, and the
applicability in the particular or general circumstances that caused the need for interpretations,
and the determination; and
2. Kept on file in the Community Development Department.
Any provision of this Zoning Code that is determined by the Community Development Director
to need refinement or revision will be corrected by amending this Zoning Code as soon as is
practical. Until an amendment can occur, the Community Development Director will maintain a
complete record of all official interpretations as an appendix to this Zoning Code, and indexed by
the number of the Chapter or Section that is the subject of the interpretation.
D. Referral of interpretation. (21.84.020) The Community Development Director has the option of
forwarding any interpretation or determination of the meaning or applicability of any provision of this
Zoning Code directly to the Planning Commission for consideration.
E. Appeals. (21.84.020) Any interpretation of this Zoning Code by the Community Development
Director or the Planning Commission may be appealed in compliance with Chapter 21.62 (Appeals).
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
CHAPTER 21.03 - LAND USE PERMIT REQUIREMENTS
Sections:
21.03.010 - Purpose
21.03.020 - General Requirements for Development and New Land Uses
21.03.030 - Exemptions from Land Use Permit Requirements
21.03.040 - Additional Permits and Approvals may be Required
21.03.010 - Purpose
This Chapter provides general requirements for the approval of proposed development and new land uses
in the City. The land use permit requirements for specific land uses are established by Article 2, (Zoning
Districts), and Article 3 (Development and Operational Standards).
21.03.020 - General Requirements for Development and New Land Uses
All uses of land and/or structures shall be altered, constructed, established, reconstructed, or replaced in
compliance with the following requirements:
A. Allowable uses. The land uses for parcels of land shall be identified by Chapters 21.08 (Residential
Districts), 21.10 (CommerciallIndustrial Districts), 21.12 (Special Purpose Districts), or 21.14
(Overlay/Combining Districts). The Community Development Director may determine whether a
particular land use is allowable in compliance with Section 21.02.020 F. (Rules of Interpretation -
Allowable Uses of Land);
B. Permit/approval requirements. All land use permits or other approvals required by the Zoning
Code shall be obtained by the applicant before the proposed use is constructed, established, or put
into operation, unless the proposed use is exempt as provided in Section 21.03.030 (Exemptions from
Land Use Permit Requirements);
C. Development standards. The use of land and/or structure shall comply with all applicable
requirements of this Zoning Code, including the zoning district standards of Article 2 (Zoning
Districts), and the provisions of Article 3 (Development and Operational Standards);
D. Conditions of approval. The use of land and/or structure shall comply with any applicable
conditions imposed by any granted land use permit or other approval; and
E. Legal parcel. The use of land and/or structure shall only be established on a parcel of land which has
been legally created in compliance with the State Subdivision Map Act (Government Code Section
66410 et seq.) and Title 20 of the Municipal Code (Subdivision and Land Development), as
applicable at the time the parcel was created.
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CAMPBELL MUNICIPAL CODE, TITLE 21 - ZONING ORDINANCE
21.03
Land Use Permit Requirements
21.03.030 - Exemptions from Land Use Permit Requirements
The land use permit requirements of this Zoning Code shall not apply to the following activities, uses of
land, and/or structures;
A. City facilities. Facilities of the City and Redevelopment Agency on land owned or leased by the City
or Redevelopment Agency.
B. Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor
area within the structure, or change the approved use of the structure.
C. Repairs and maintenance. Ordinary repairs and maintenance that does not result in any change in
the approved land use of the site or structure, addition to, or enlargement/expansion of the land use
and/or structure.
21.03.040 - Additional Permits and Approvals May be Required
An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may
still be required to obtain City permits or approvals before the use is constructed, or otherwise established
and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or
approvals required by other Municipal Code provisions or any applicable County, State, or Federal
agency regulations. All necessary permits shall be obtained before starting work or establishing new
uses.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
AR TI CLE 2
ZONING DISTRICTS
Chapter 21.04 - Establishment of Zoning Districts ......................................................................................... 3
21.04.010 - Purpose of Chapter .......................................................................................................................3
21.04.020 - Zoning Districts Established ........................................................................................................ 3
21.04.030 - Zoning Map Adopted """"""""""""""""""""""""""""""""""""'"........................................4
21.04.040 - Zoning District Regulations .........................................................................................................4
21.04.050 - Subdistricts ................................................................................................................................... 4
21.04.060 - Zoning of Annexed Areas ............................................................................................................ 5
Chapter 21.06 - District Boundaries .................................................................................................................7
21.06.010 - Purpose of Chapter .......................................................................................................................7
21.06.020 - Alleys and Streets......................................................................................................................... 7
21.06.030 - Parcel Lines .................................................................................................................................. 7
21.06.040 - Scale of Map - Determination by Planning Commission ............................................................ 7
21.06.050 - Symbol for District....................................................................................................................... 8
21.06.060 - Street or Right-of-Way - Allocation or Division ......................................................................... 8
21.06.070 - Vacant Alley or Street..................................................................................................................8
Chapter 21.08 - Residential Districts ................................................................................................................9
21.08.010 - Purpose of Chapter - Applicability ............................................................................................... 9
21.08.020 - Residential District General Requirements ..................................................................................9
21.08.030 - R-1 (Single-Family) Zoning District..........................................................................................10
21.08.040 - R-D (Two Family) Zoning District ............................................................................................ 13
21.08.050 - R-M (Multiple-Family) Zoning District..................................................................................... 15
21.08.060 - R-2 (Multiple-Family) Zoning District ...................................................................................... 18
21.08.070 - R-3 (Multiple-Family) Zoning District ......................................................................................20
Chapter 21.10 - Commercial and Industrial Districts ..................................................................................25
21.10.010 - Purpose of Chapter- Applicability .............................................................................................. 25
21.10.020 - General Permit Requirements ....................................................................................................26
21.10.030 - P-O (Professional Office) Zoning District ................................................................................. 26
21.10.040 - C-1 (Neighborhood Commercial) Zoning District ..................................................................... 28
21.10.050 - C-2 (General Commercial) Zoning District ...............................................................................32
21.10.060 - C-3 (Central Business District) Zoning District......................................................................... 35
21.10.070 - C-M (Controlled Manufacturing) Zoning District...................................................................... 49
21.10.080 - M-1 (Light Industrial) Zoning District....................................................................................... 51
21.10.090 - M-1-A (Light Industrial/Adult Entertainment) Zoning District................................................. 56
Chapter 21.12 - Special Purpose Districts...................................................................................................... 58
21.12.010 - Purpose of Chapter - Applicability ............................................................................................ 58
21.12.020 - C-PD (Condominium Planned Development) Zoning District .................................................. 58
21.12.030 - P-D (Planned Development) Zoning District. ............................................................................ 59
21.12.040 - P-F (Public Facilities) Zoning District ....................................................................................... 64
21.12.050 - P-F/O-S (Open Space) Zoning District ...................................................................................... 66
Chapter 21.14 - Overlay/Combining Districts ...............................................................................................69
21.14.010 - Purpose of Chapter- Applicability .............................................................................................. 69
21.14.020 - H (Historic Preservation) Overlay/Combining Zoning District ................................................. 69
21.14.030 - 0 (Overlay) Overlay/Combining Zoning District ......................................................................84
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
CHAPTER 21.04 - ESTABLISHMENT OF ZONING DISTRICTS
Sections:
21.04.010 - Purpose of Chapter
21.04.020 - Zoning Districts Established
21.04.030 - Zoning Map Adopted
21.04.040 - Zoning District Regulations
21.04.050 - Subdistricts
21.04.060 - Zoning of Annexed Areas
21.04.010 - Purpose of Chapter
This Chapter establishes the zoning districts applied to property within the City. It also determines how
the zoning districts are applied on the Zoning Map, and provides general permit requirements for
development and new land uses, and the zone driven development standards for each of the zoning
districts.
21.04.020 - Zoning Districts Established
The City of Campbell shall be divided into appropriate zoning districts that directly correspond to the land
use designations outlined in the Land Use Element of the General Plan.
TABLE 2-1
ZONING DISTRICTS AND GENERAL PLAN DESIGNATIONS
Zone Map Zoning District Name General Plan Land Use Designation
Symbol Dwelling Units/Acre
Implemented by Zonin!?: District
Residential Zoning Districts
R-1-1O, 16 Single-Family, 10,000 or 16,000 Low Density Residential, Less than 3.5
square foot minimum lot size d.u./ gross acre
R-1-8, 9 Single-Family, 8,000 or 9,000 square Low Density Residential, Less than 4.5
foot minimum lot size d.u./ gross acre
R-1-6 Single-Family, 6,000 square foot Low Density Residential, Less than 6
minimum lot size d. u./ gross acre
R-D Two Family District Low-Medium Density Residential, 6 -
13 d.u./gross acre
R-M Multiple-Family Low-Medium Density Residential, 6-
13 d.u./acre
R-2 Multiple-Family Medium Density Residential, 14-20
d.u./acre
R-3 Multiple-Family High Density Residential, 21-27
d.u./acre
Commercial Zoning Districts
P-O Professional Office Professional Office
C-1 Neighborhood Commercial Neighborhood Commercial
C-2 General Commercial General Commercial
C-3 Central Business District Central Commercial
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.04
Establishment of Zoning Districts
Industrial Zoning Districts
C-M Controlled Manufacturing Research and Development
M-1 Light Industrial Light Industrial
M-I-A Light IndustrialJ Adult Entertainment Light Industrial
Special Purpose Zoning Districts
C-PD Condo Planned Development
P-D Planned Development
P-F Public Facilities Institutional
P-F/O-S Public Facilities/Open Space Open Space
Overlay/Combining Districts
H Historic Preservation
0 Overlay District
21.04.030 - Zoning Map Adopted
The City Council hereby incorporates the City of Campbell Zoning Map (hereafter referred to as the
Zoning Map) as part of this Zoning Code, which is on file with the Community Development
Department.
A. Inclusion by reference. The Zoning Map together with all legends, symbols, notations, references,
zoning district boundaries, map symbols, and other information on the map have been adopted by the
City Council in compliance with State law (Government Code Sections 65800 et. seq.) and are hereby
incorporated into this Zoning Code by reference as though they were fully included here.
B. Zoning district boundaries. The boundaries of the zoning districts established by Section 21.06.010
shall be shown on the Zoning Map as applicable.
C. Relationship to General Plan. The Zoning Map shall implement the General Plan.
D. Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter
21.60 (Amendments).
E. Zoning Map interpretation. The Zoning Map shall be interpreted in compliance with Chapter 21.06
(District Boundaries).
21.04.040 - Zoning District Regulations
Chapters 21.08 through 21.14 determine which land uses are allowed in each zoning district established
by Section 21.04.020 (Zoning Districts Established), what permit or approval is required to establish each
use, and the basic zone driven development standards that apply to allowed land uses in each zoning
district.
21.04.050 - Subdistricts
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Establishment of Zoning Districts
21.04
Whenever the terms "R district," tIC district," or M district" are used in this Zoning Code, they shall be
deemed to refer to all districts containing the same letter in their names (e.g., the term "c" district
indicates the C-I, C-2 and C-3 districts).
21.04.060 - Zoning of Annexed Areas
A. Pre-zoned areas. The City has pre-zoned all unincorporated areas within the City's Sphere of
Influence.
B. Effective date of pre-zoning. The zoning shall become effective at the same time that the
annexation of the area to the City becomes effective.
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21.04
CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Establishment of Zoning Districts
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
CHAPTER 21.06 - DISTRICT BOUNDARIES
Sections:
21.06.010 - Purpose of Chapter
21.06.020 - Alleys and Streets
21.06.030 - Parcel Lines
21.06.040 - Scale of Map - Determination by Planning Commission
21.06.050 - Symbol for District
21.06.060 - Street or Right-of-Way - Allocation or Division
21.06.070 - Vacant Alley or Street
21.06.010 - Purpose of Chapter
This Chapter establishes the rules that apply where uncertainty exists with respect to the precise
boundaries of the various zoning districts shown on the Zoning Map, on file in the Community
Development Department, and made part of this Chapter as if it were contained wholly within this
Chapter.
21.06.020 - Alleys and Streets
The zoning district boundaries are either alleys or streets, unless otherwise shown on the Zoning Map.
Where the indicated boundaries on the map are approximately the alley or street lines the alleys or streets
shall be construed to be the boundaries of the zoning district.
21.06.030 - Parcel Lines
Where the zoning district boundaries are not shown to be alleys or streets, and where the property has
been or may be divided into blocks and parcels, the zoning district boundaries shall be construed to be the
parcel lines. Where the indicated boundaries on the Zoning Map are approximately the parcel lines, the
parcel lines shall be construed to be the boundaries of each zoning district, unless the boundaries are
otherwise indicated on the Zoning Map.
21.06.040 - Scale of Map - Determination by Planning Commission
A. Determined by scale. Where the property is indicated on the Zoning Map as acreage and not
subdivided into blocks or parcels or where the district boundary lines on the Zoning Map shall be
determined by the scale contained on the Zoning Map, and where uncertainty exists, the district
boundary line shall be determined by a written decision of the Planning Commission.
B. Planning Commission may interpret map. In the event property which is shown as acreage on the
Zoning Map has been or is subsequently subdivided into blocks or parcels by a duly recorded
subdivision map and the block or parcel arrangement does not conform to that anticipated when the
district boundaries were established, or property is re-subdivided by a duly recorded subdivision map
into different arrangement of blocks or parcels than shown on the Zoning Map, the Planning
Commission, after notice to the owners of the affected property, may interpret the Zoning Map and
make minor readjustments in the district boundaries to carry out the purpose and intent of these
regulations and conform to the street and parcel layout on the ground.
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21.06
District Boundaries
C. Map shall be changed. The interpretations or adjustments shall be by written decision, and
thereafter copies of the Zoning Map shall be changed to conform to the interpretations.
21.06.050 - Symbol for District
Where one symbol is used on the Zoning Map to indicate the zoning district classification for an area
divided by an alley(s), the symbol shall establish the classification of the whole area.
21.06.060 - Street or Right-of-Way - Allocation or Division
A. Physical improvement. A physical improvement (e.g., alley, railroad, railway right-of-way, street,
watercourse channel, or body of water) included on the Zoning Map shall, unless otherwise indicated,
be included within the zoning district of adjoining property on either side of the improvement.
B. Divided by physical improvement. Where the physical improvement (e.g., alley, railroad, railway
right-of-way, street, watercourse channel, or body of water) serves as a boundary between two or
more different zoning districts, a line midway in the physical improvement, and extending in the
general direction of the long dimension thereof, shall be considered the boundary between the zoning
districts.
21.06.070 - Vacant Alley or Street
In the event a dedicated alley or street shown on the Zoning Map is vacated by ordinance, the property
formerly in the alley or street shall be included within the zoning district of the adjoining property on
either side of the vacated alley or street. In the event the alley or street was a district boundary between
two or more different zoning districts, the new district boundary shall be the former centerline of the
vacated alley or street.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.08 - RESIDENTIAL DISTRICTS
Sections:
21.08.010 - Purpose of Chapter - Applicability
21.08.020 - Residential District General Requirements
21.08.030 - R-1 (Single-Family) Zoning District
21.08.040 - R-D (Two Family) Zoning District
21.08.050 - R-M (Multiple-Family) Zoning District
21.08.060 - R-2 (Multiple-Family) Zoning District
21.08.070 - R-3 (Multiple-Family) Zoning District
21.08.010 - Purpose of Chapter - Applicability
A. Residential zoning districts. This Chapter provides regulations applicable to development and new
land uses in the residential zoning districts established by Section 21.04.020 (Zoning Districts
Established). The purpose of this Chapter is to achieve the following:
1. Preserve and enhance the predominately low density, high quality residential character of the
City, while providing a variety of housing opportunities and residential land use options to
accommodate existing and future residents;
2. Strive to attract quality development, while providing opportunities for neighborhood interaction;
3. Ensure that existing residential neighborhoods, and any remaining vacant lands, are developed in
a manner that preserves and enhances neighborhood character, establishes neighborhood identity,
and provides a consistent land use pattern;
4. Ensure compatibility of residential development, which is generally determined by prevailing
density, parcel configuration and size, and structure design, scale, and type;
5. Ensure adequate air, light, privacy, and open space for each dwelling;
6. Minimize traffic congestion and avoid the overloading of public services and utilities; and
7. Facilitate the provision of public improvements commensurate with anticipated increase in
population, dwelling unit densities, and service requirements.
21.08.020 - Residential District General Requirements
A. Zoning Clearance. A Zoning Clearance is a ministerial permit that the Community Development
Director uses to verify that a proposed structure or land use activity complies with the list of activities
allowed in the applicable zoning district, the development standards applicable to each type of use,
and any conditions of approval of permits previously issued for the subject site. Before commencing
any work pertaining to the alteration, construction, conversion, erection, moving, or reconstruction of
any structure, or any addition to any structure, a Building Permit shall be obtained from the Building
Division and a Zoning Clearance from the Community Development Department by an owner or
owner's agent.
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Residential Districts
B. Site and architectural review required. All construction activities (e.g., additions, alterations,
construction, reconstruction, or remodeling) shall receive Site and Architectural Review approval in
compliance with Chapter 21.42 (Site and Architectural Review).
21.08.030 - R-1 (Single-Family) Zoning District
A. Purpose ofR-l (Single-Family) Zoning District.
1. The R-l zoning district is intended to stabilize and protect the residential characteristics of the
district and to encourage a suitable environment for domestic home life.
2. The R-1 zoning district is intended to provide for detached single-family homes on larger parcels
(ranging from 6,000 to 16,000 square foot parcels). The R-l zoning district is consistent with the
Low Density Residential land use designation of the General Plan.
3. The San Tomas Area Neighborhood Plan land use polices are incorporated herein by reference.
The San Tomas Area Neighborhood Plan policies shall only apply to properties within the
boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas Area is
maintained at the Community Development Department. In the case of conflict between the San
Tomas Area Neighborhood Plan policies and other requirements contained in this chapter, the
policies of the San Tomas Area Neighborhood Plan shall prevail.
B. Permitted uses in R-l (Single-Family) Zoning District. The following uses are permitted with a
Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures.
2. Family child day care homes, small.
3. Garage/yard sales, private.
4. Groundwater recharge facilities.
5. Hobby car restoration.
6. Home occupations.
7. Parks, public.
8. Residential care homes, small.
9. Residential service facilities, small.
10. Satellite television or personal internet broadband dishes/antenna (less than 3 ft. in diameter).
11. Schools-K-12, public.
12. Secondary dwelling units.
13. Single-family dwellings.
C. Uses allowed with Conditional Use Permit in R-l (Single-Family) Zoning District. The following
uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46 (Conditional Use
Permits):
1. Family child day care homes, large.
2. Government offices and facilities (local, State, or Federal).
3. Public utility structures and service facilities.
4. Residential care homes, large.
5. Residential recreational facilities, private.
6. Satellite television or personal internet broadband dishes/antenna (greater than 3 ft. in diameter).
7. Schools-K-12, private.
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Residential Districts
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8. Tennis courts, private.
9. Wireless telecommunications facilities.
D. Prohibited uses in R-l (Single-Family) Zoning District. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a Home Occupation Permit)
2. Storage of commercial vehicles.
3. Storage of supplies and materials for commercial or industrial purposes.
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of 100 square feet,
except when such are being used for construction on the property with a valid Building Permit.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General development standards for uses in R-l (Single-Family) Zoning District.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-2 (Minimum Parcel
Sizes for Newly Created Parcels in the R-l Zoning District) and in Table 2-3 (General Development
Standards - R-1 Zoning District), in addition to the general development standards (e.g., landscaping,
parking and loading, etc.) in Article 3 (Development and Operational Standards).
Zoning Map Symbol Minimum Parcel Area Minimum Lot Width
Square FeetlNet Acre Feet
R-1-6 6,000 60
R-1-8 8,000 70
R-1-9 9,000 70
R-1-1O 10,000 80
R-1-16 16,000 80
TABLE 2-2
MINIMUM PARCEL SIZES FOR NEWLY CREATED
PARCELS IN THE R-l ZONING DISTRICT
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Development Feature R-l
Minimum Public Frontage 25 feet! 15 feet for flag lots
Maximum Allowable Density See Table 2-1
Private Open Space Required 750 square feet per dwelling unit.
The area shall be in addition to the required front setback
between the structure and any street property line. The
recreational area may be occupied by facilities such as a
swimming pool, playground equipment, and a patio, porch, or
deck provided it is open on at least two sides and not covered by
a roof or canopy. No dimension of an area to be counted as
open space shall be less than 10ft.
Setbacks Required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building
wall adjacent to the side property line (whichever is greater).
The Planning Commission may allow a minimum side setback
of five feet for structures proposed for a second story addition,
when it finds:
a. The side setback would not be detrimental to the health,
safety, peace, comfort or general welfare of persons in the
neighborhood, or the City as a whole; and
b. The side setback would not unreasonably interfere with the
ability of adjoining property owners to enjoy access to air,
privacy, sunlight, and the quiet enjoyment of the owner's
property.
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building
wall adjacent to the side property line (whichever is greater).
Vehicular Access The entrance to a garage or carport shall be no closer than 25
feet to any public right-of-way.
Maximum Floor Area Ratio 0.45
The Planning Commission may approve a F.AR. of up to 0.50
with approval of a Site and Architectural Review Permit when it
makes both of the following findings:
a. The perceived scale and mass of the home is compatible
with the adjacent homes and the homes in the surrounding
area.
b. The home minimizes the use of design features that make it
appear significantly larger than the adjacent homes and the
homes in the surrounding area.
Maximum Lot Coverage 40%
TABLE 2-3
GENERAL DEVELOPMENT STANDARDS - R-l ZONING DISTRICT
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Development Feature R-l
Main Structure Maximum Height 35 ft.l2 Y2 stories
Distance Between Non-Accessory The distance equal to building wall height of the taller of the
Structures on the Same Lot two structures.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and Screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
TABLE 2-3
GENERAL DEVELOPMENT STANDARDS - R-l ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take- into
consideration the Single-Family Residential Design Guidelines that have been adopted by the City.
21.08.040 - R-D (Two Family) Zoning District
A. Purpose of R-D (Two Family) Zoning District. The R-D zoning district identifies areas appropriate
to provide a variety of dwelling types. The allowable maximum density range is six to 13 dwelling
units per gross acre. The R-D zoning district is intended to provide for single family and two-family
dwelling units on parcels ranging from 6,000 square feet for single-family dwelling units and 7,000
square feet for two-family dwelling units. The R-D zoning district is consistent with the Low-
Medium Density Residential land use designation of the General Plan.
B. Permitted uses in R-D (Two Family) Zoning District. The following uses are permitted with a
Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures.
2. Duplexes.
3. Family child day care homes, small.
4. Garage/yard sales, private.
5. Groundwater recharge facilities.
6. Hobby car restoration.
7. Home occupations.
8. Parks, public.
9. Residential care homes, small.
10. Residential service facilities, small.
11. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
12. Schools-K-12, public.
13. Single-Family dwellings.
C. Uses allowed with Conditional Use Permit in R-D (Two Family) Zoning District. The following
uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46 (Conditional Use
Permits):
1. Convalescent/rest homes.
2. Family child day care homes, large.
3. Government offices and facilities (local, State, or Federal).
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4. Monastery, convent, parsonage, or nunnery.
5. Public utility structures and service facilities.
6. Residential care homes, large.
7. Residential recreational facilities, private.
8. Residential service facilities, large.
9. Rooming and boarding houses.
10. Satellite television or personal internet broadband dishes/antenna (greater than 3 ft. in diameter).
11. Schools-K-12, private.
12. Tennis courts, private.
13. Transitional housing.
14. Wireless telecommunications facilities.
D. Prohibited uses in R-D (Two Family) Zoning District. The following uses are prohibited:
1. Commercial and Industrial uses (except those allowed by a Home Occupation Permit).
2. Storage of commercial vehicles.
3. Storage of supplies and materials for commercial or industrial purposes.
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of 100 square feet,
except when such are being used for construction on the property with a valid Building Permit.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General development standards for uses in R-D (Two Family) Zoning District.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-4 (General
Development Standards - R-D Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Development Feature R-D
Minimum Parcel Size 6,000 square feet for a single-family dwelling.
7,000 SQuare feet for a two-family dwelling.
Minimum Parcel Width 60 ft.
Minimum Public Frontage 25 ft./ 15 ft. for flag lots
Maximum Allowable Density 6 to 13 d.u./gross acre
750 square feet per dwelling unit
The area shall be in addition to the required front setback between
the structure and any street property line. The recreational area
Open Space Required for Two may be occupied by facilities such as a swimming pool,
Family Dwelling Units playground equipment, and a patio, porch, or deck provided it is
open on at least two sides and not covered by a roof or canopy.
No dimension of an area to be counted as open space shall be less
than 10 ft.
TABLE 2-4
GENERAL DEVELOPMENT STANDARDS - R-D ZONING DISTRICT
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Development Feature R-D
Setbacks Required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular Access The entrance to a garage or carport shall be no closer than 25 feet
to any public right-of-way.
Maximum Floor Area Ratio 0.45
Maximum Lot Coverage 40%
Main Structure Maximum Height 35 ft./2 Y2 stories
Distance Between Non-Accessory The distance equal to building wall height of the taller of the two
Structures on the Same Lot structures.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and Screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
TABLE 2-4
GENERAL DEVELOPMENT STANDARDS - R-D ZONING DISTRICT
21.08.050 - R-M (Multiple-Family) Zoning District
A. Purpose of R-M (Multiple-Family) Zoning District. The R-M zoning district identifies areas
appropriate to provide a variety of dwelling types. The allowable maximum density range is six to 13
dwelling units per gross acre. The R-M zoning district is intended to provide for single family, two-
family, and multiple-family dwelling units on parcels ranging from 6,000 square feet for single-
family, 7,000 square feet for two-family, and 9,000 square feet for three-family dwelling units. The
R-M zoning district is consistent with the Low-Medium Density Residential land use designation of
the General Plan.
B. Permitted uses in R-M (Multiple-Family) Zoning District. The following uses are permitted with
a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures.
2. Apartments.
3. Duplexes.
4. Family child day care homes, small.
5. Garage/yard sales, private.
6. Groundwater recharge facilities.
7. Home occupations.
8. Parks, public.
9. Residential care homes, small.
10. Residential service facilities, small.
11. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
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12. Schools-K-12, Public.
13. Single-family dwellings.
C. Uses allowed with Conditional Use Permit in R-M (Multiple-Family) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Bed and breakfast inns.
2. Community/cultural/recreational center.
3. Convalescent/rest homes.
4. Emergency shelters.
5. Family child day care homes, large.
6. Government offices and facilities (local, state, or federal).
7. Monastery, convent, parsonage, or nunnery.
8. Public utility structures and service facilities.
9. Residential care homes, large.
10. Residential recreational facilities, private.
11. Residential service facilities, large.
12. Rooming and boarding houses.
13. Satellite television or personal internet broadband dishes/antenna (greater than 3 ft. in diameter).
14. Schools-K-12, private.
15. Tennis courts, private.
16. Transitional housing.
17. Wireless telecommunications facilities.
D. Prohibited uses in R-M (Multiple-Family) Zoning District. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a Home Occupation Permit).
2. Storage of commercial vehicles.
3. Storage of supplies and materials for commercial or industrial purposes.
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of 100 square feet,
except when such are being used for construction on the property with a valid Building Permit.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General Development Standards for uses in R-M (Multiple-Family) Zoning District.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-5 (General
Development Standards - R-M Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Development Feature . R-M
Minimum Parcel Size 6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
TABLE 2-5
GENERAL DEVELOPMENT STANDARDS - R-M ZONING DISTRICT
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Development Feature R-M
9,000 square feet for a three-family dwelling.
Parcels having an area greater than 9,000 square feet may be
developed at a ratio of one dwelling unit for each 3,000 square
feet of parcel area.
Minimum Parcel Width 60 ft.
Minimum Public Frontage 25 ft./ 15 ft. for flag lots
Maximum Allowable Density 6 to 13 d.u./gross acre
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be
private or common. The area shall be in addition to the required
front setback between the structure and any street property line. It
shall be specifically designed for recreational use, whether active
or passive, and shall not be occupied by driveways, parking
spaces, or walkways between structures.
Open Space Required for Multiple- When serving multiple-family dwelling units, a recreation area
may be provided for each dwelling unit, or all the required space
Family Dwelling Units may be combined in one area. A rooftop recreation space may be
counted as a part of the required space; provided, it is at least 300
square feet in area. The area may be occupied by recreational
facilities (e.g., deck, patio, playground equipment, porch, or
swimming pool); provided, they are open on at least two sides and
not covered by a roof or canopy. When the recreation area is 500
square feet or more in size, a recreation structure may be built on
not more than 25 percent of the area. No dimension of an area to
be counted as open space shall be less than 10 ft.
Setbacks Required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular Access The entrance to a garage or carport shall be no closer than 25 feet
to any public right-of-way.
Maximum Floor Area Ratio 0.50
Maximum Lot Coverage 40%
Main Structure Maximum Height 35 ft./2 Y2 stories
Distance Between Non-Accessory The distance equal to building wall height of the taller of the two
Structures on the Same Lot structures.
Accessory Structures See Section 21.36.020 (Accessory Structures)
TABLE 2-5
GENERAL DEVELOPMENT STANDARDS - R-M ZONING DISTRICT
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Development Feature R-M
Fences, Walls, Lattice, and Screens See Section 21.18.060 (Fences, Walls, Lattice, and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
TABLE 2-5
GENERAL DEVELOPMENT STANDARDS - R-M ZONING DISTRICT
21.08.060 - R-2 (Multiple-Family) Zoning District
A. Purpose of R-2 (Multiple-Family) Zoning District. The R-2 zoning district identifies areas
appropriate to provide a variety of dwelling types. The allowable maximum density range is 14 to 20
dwelling units per gross acre. The R-2 zoning district is intended to provide for single family, two-
family, and multiple-family dwelling units on parcels ranging from 6,000 square feet for single-
family, 7,000 square feet for two-family, and 8,000 square feet for three- and four-family dwelling
units. The R-2 zoning district is consistent with the Medium Density Residential land use
designation of the General Plan.
B. Permitted uses in R-2 (Multiple-Family) Zoning District. The following uses are permitted with a
Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures.
2. Apartments.
3. Duplexes.
4. Family child day care homes, small.
5. Garage/yard sales, private.
6. Groundwater recharge facilities.
7. Home occupations.
8. Parks, public.
9. Residential care homes, small.
10. Residential service facilities, small.
11. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
12. Schools-k -12, public.
13. Single-family dwellings.
C. Uses allowed with Conditional Use Permit in R-2 (Multiple-Family) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Bed and breakfast inns.
2. Convalescent/rest homes.
3. Emergency shelters.
4. Family child day care homes, large.
5. Government offices and facilities (local, state, or federal).
6. Monastery, convent, parsonage, or nunnery.
7. Public utility structures and service facilities.
8. Residential care homes, large.
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9. Residential recreational facilities, private.
10. Residential service facilities, large.
11. Rooming and boarding houses.
12. Satellite television or personal internet broadband dishes/antenna (greater than 3 ft. in dia.).
14. Schools-K -12, private.
15. Tennis courts, private.
16. Transitional housing.
17. Wireless telecommunications facilities.
D. Prohibited uses in R-2 (Multiple-Family) Zoning District. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a Home Occupation Permit).
2. Storage of commercial vehicles.
3. Storage of supplies and materials for commercial or industrial purposes.
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of 100 square feet,
except when such are being used for construction on the property with a valid Building Permit.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General development standards for uses in R-2 (Multiple-Family) Zoning District.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-6 (General
Development Standards - R-2 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Development Feature R-2
6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
Minimum Parcel Size 8,000 square feet for a three- or four-family dwelling.
Parcels having an area greater than 8,000 square feet may be
developed at a ratio of four dwelling units for the first 8,000
square feet, and 2,200 square feet for each additional unit.
Minimum Parcel Width 60 ft.
Minimum Public Frontage 25 ft./15 ft. for flag lots
Maximum Allowable Density 14 to 20 d.u./gross acre
TABLE 2-6
GENERAL DEVELOPMENT STANDARDS - R-2 ZONING DISTRICT
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Development Feature R.2
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be
private or common. The area shall be in addition to the required
front setback between the structure and any street property line. It
shall be specifically designed for recreational use, whether active
or passive, and shall not be occupied by driveways, parking
spaces, or walkways between structures.
Open Space Required for Multiple- When serving multiple-family dwelling units, a recreation area
may be provided for each dwelling unit, or all the required space
Family Dwelling Units may be combined in one area. A rooftop recreation space may be
counted as a part of the required space; provided, it is at least 300
square feet in area. The area may be occupied by recreational
facilities (e.g., deck, patio, playground equipment, porch, or
swimming pool); provided, they are open on at least two sides and
not covered by a roof or canopy. When the recreation area is 500
square feet or more in size, a recreation structure may be built on
not more than 25 percent of the area. No dimension of an area to
be counted as open space shall be less than 10ft.
Setbacks Required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular Access The entrance to a garage or carport shall be no closer than 25 feet
to any public right-of-way.
Maximum Floor Area Ratio 0.55
Maximum Lot Coverage 40%
Main Structure Maximum Height 35 ft./2 Y2 stories
Distance Between Non-Accessory The distance equal to building wall height of the taller of the two
Structures on the Same Lot structures.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and Screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
TABLE 2-6
GENERAL DEVELOPMENT STANDARDS - R.2 ZONING DISTRICT
21.08.070 - R-3 (Multiple-Family) Zoning District
February 2004
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Public Review Draft
CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Residential Districts
21.08
A. Purpose of R-3 (Multiple-Family) Zoning District. The R-3 zoning district identifies areas
appropriate to provide a variety of dwelling types at a controlled high density at readily accessible
locations that are convenient to community facilities. The allowable maximum density range is 21 to
27 dwelling units per gross acre. The R-3 zoning district is intended to provide for single family,
two-family, and multiple-family dwelling units on parcels ranging from 6,000 square feet for single-
family, 7,000 square feet for two-family, and 8,000 square feet for three- and four-family dwelling
units. The R-3 zoning district is consistent with the High Density Residential land use designation of
the General Plan.
B. Permitted uses in R-3 (Multiple-Family) Zoning District. The following uses are permitted with a
Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Accessory structures.
2. Apartments.
3. Duplexes.
4. Family child day care homes, smaÌI.
5. Garage/yard sales, private.
6. Groundwater recharge facilities.
7. Home occupations.
8. Libraries, public.
9. Parks, public.
10. Residential care homes, small.
11. Residential service facilities, small.
12. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
13. Schools- K -12, public.
14. Single-family dwellings.
C. Uses allowed with Conditional Use Permit in R-3 (Multiple-Family) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Assisted living facilities.
2. Bed and breakfast inns.
3. Commercial child day care center.
4. Convalescent/rest homes.
5. Emergency shelters.
6. Family child day care homes, large.
7. Government offices and facilities (local, state, or federal).
8. Mobile home parks, homes must be less than one-story in height.
9. Monastery, convent, parsonage, or nunnery.
10. Public utility structures and service facilities.
11. Residential care homes, large.
12. Residential recreational facilities, private.
13. Residential service facilities, large.
14. Rooming and boarding houses.
15. Satellite television or personal internet broadband dishes/antenna (greater than 3 ft. in diameter).
16. Schools-K-12, private.
17. Tennis courts, private.
18. Transitional housing.
19. Wireless telecommunications facilities.
Public Review Draft
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.08
Residential Districts
D. Prohibited uses in R-3 (Multiple-Family) Zoning District. The following uses are prohibited:
1. Commercial and industrial uses (except those allowed by a Home Occupation Permit).
2. Storage of commercial vehicles.
3. Storage of supplies and materials for commercial or industrial purposes.
4. Storage of supplies, materials, lumber, metal and junk exceeding an area of 100 square feet,
except when such are being used for construction on the property with a valid building permit.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General development standards for uses in R-3 (Multiple-Family) Zoning District.
New land uses and structures, and alterations to existing land uses and structures, shall be designated,
constructed, and/or established in compliance with the requirements in Table 2-7 (General
Development Standards - R-3 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
February 2004
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Residential Districts
21.08
Development Feature R-3
6,000 square feet for a single-family dwelling.
7,000 square feet for a two-family dwelling.
Minimum Parcel Size 8,000 square feet for a three- or four-family dwelling.
Parcels having an area greater than 8,000 square feet may be
developed at a ratio of four dwelling units for the fIrst 8,000
square feet, and 1,600 square feet for each additional unit.
Minimum Parcel Width 60 ft.
Minimum Public Frontage 25 ft./ 15 ft. for flag lots
Maximum Allowable Density 21 to 27 d.u./gross acre
An area of not less than 300 square feet for each dwelling unit for
recreational purposes (if not a townhouse or condominium).
When serving multiple-family dwelling units, the area may be
private or common. The area shall be in addition to the required
front setback between the structure and any street property line. It
shall be specifically designed for recreational use, whether active
or passive, and shall not be occupied by driveways, parking
spaces, or walkways between structures.
When serving multiple-family dwelling units, a recreation area
Open Space Required for Multiple- may be provided for each dwelling unit, or all the required space
Family Dwelling Units may be combined in one area. A rooftop recreation space may be
counted as a part of the required space; provided, it is at least 300
square feet in area. The area may be occupied by recreational
facilities (e.g., deck, patio, playground equipment, porch, or
swimming pool); provided, they are open on at least two sides and
not covered by a roof or canopy. When the recreation area is 500
square feet or more in size, a recreation structure may be built on
not more than 25 percent of the area.
No dimension of an area to be counted as open space shall be less
than 10 ft.
Setbacks Required
Front 20 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 12 ft.
Rear A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Vehicular Access The entrance to a garage or carport shall be no closer than 25 feet
to any public right-of-way.
Maximum Floor Area Ratio 0.55
Maximum Lot Coverage 40%
TABLE 2-7
GENERAL DEVELOPMENT STANDARDS - R-3 ZONING DISTRICT
Public Review Draft
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February 2004
CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.08
Residential Districts
Development Feature R-3
Main Structure Maximum Height 40 ft./3 stories
Distance Between Non-Accessory The distance equal to building wall height of the taller of the two
Structures on the Same Lot structures.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and Screens See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
TABLE 2-7
GENERAL DEVELOPMENT STANDARDS - R-3 ZONING DISTRICT
February 2004
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Public Review Draft
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.10 - COMMERCIAL AND INDUSTRIAL DISTRICTS
Sections:
21.10.010 - Purpose of Chapter- Applicability
21.10.020 - General Permit Requirements
21.10.030 - P-O (Professional Office) Zoning District
21.10.040 - C-1 (Neighborhood Commercial) Zoning District
21.10.050 - C-2 (General Commercial) Zoning District
21.10.060 - C-3 (Central Business District) Zoning District
21.10.070 - C-M (Controlled Manufacturing) Zoning District
21.10.080 - M-1 (Light Industrial) Zoning District
21.10.090 - M-1-A (Light IndustriaVAdult Entertainment) Zoning District
21.10.010 - Purpose of Chapter- Applicability
A. Commercial and industrial zoning districts. This Chapter provides regulations applicable to
development and new land uses in the commercial and industrial zoning districts established by
Section 21.04.020 (Zoning Districts Established). The purpose of this Chapter is to achieve the
following:
1. Provide convenient and appropriately distributed commercial areas for retail and service
establishments, including neighborhood and office uses required by residents of the City in a
manner consistent with the General Plan;
2. Enhance the visual quality of the commercial streets by extending the structures along the street,
thereby forming a street-wall effect;
3. Enhance the visual image of the City through good design and appropriate structure placement.
Visual quality can also be improved through appropriate and complementary structure scale,
which means the relationship of new development to existing structures;
4. Provide for the development of non-polluting, clean industrial uses to broaden the
economic/employment base of the City, while ensuring compatible integration with non-
industrial uses, in a manner consistent with the General Plan;
5. Upgrade the existing function and appearance of the City's industrial areas by encouraging high
quality development;
6. Provide adequate space to meet the needs of commercial and industrial development, including
off-street parking and loading;
7. Minimize traffic congestion and avoid the overloading of utilities;
8. Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable
influences; and
9. Promote high standards of site planning and landscape design for the commercial and industrial
developments within the City.
Public Review Draft
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.10
Commercial and Industrial Districts
21.10.020 - General Permit Requirements
A. Zoning Clearance. A Zoning Clearance is a ministerial permit that the Community Development
Director uses to verify that a proposed structure or land use activity complies with the list of activities
allowed in the applicable zoning district, the development standards applicable to each type of use,
and any conditions of approval of permits previously issued for the subject site. Before commencing
any work pertaining to the alteration, construction, conversion, erection, moving, or reconstruction of
any structure, or any addition to any structure, a Building Permit shall be obtained from the Building
Division and a Zoning Clearance from the Community Development Department by an owner or
owner's agent. '
B. Site and Architectural Review required. All construction activities (e.g., additions, alterations,
construction, reconstruction, or remodeling) shall receive Site and Architectural Review approval in
compliance with Chapter 21.42 (Site and Architectural Review).
21.10.030 - P-O (Professional Office) Zoning District
A. Purpose of P-O (Professional Office) Zoning District. The P-O zoning district is intended for the
development of professional offices in locations served by primary access, yet inappropriate for
commercial development because of the proximity to residential uses. The type of offices allowed in
this zoning district include administrative, professional, and research, and may provide customer
service or be more corporate in nature. The P-O zoning district is consistent with the Professional
Office land use designation of the General Plan.
B. Permitted uses in P-O (Professional Office) Zoning District. The following uses are permitted
with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Offices, professional
2. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter)
3. Schools K-12, public
4. Wireless telecommunications - stealth (requires approval of a Site and Architectural Review
Permit)
C. Uses allowed with Conditional Use Permit in P-O (Professional Office) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Broadcast and recording studios.
2. Commercial day care centers.
3. Community/cultural/recreational center.
4. Conversion, commercial converted from residence.
5. Government offices and facilities (local, state or federal).
6. Health/fitness centers.
7. Late night activities.
8. Libraries, public.
9. Medical services, clinics.
10. Medical services, laboratories.
11. Membership organization facilities.
12. Parking lots/structures, public.
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Commercial and Industrial Districts
21.10
13. Public assembly uses.
14. Radio or television transmitters.
15. Schools K-12, private.
16. The use of any building that was constructed as a residential structure for a commercial or office
use.
17. Universities/colleges, private.
18. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in P-O (Professional Office) Zoning District. The following uses are prohibited:
1. Storage of commercial and industrial vehicles, except for the purpose of loading and unloading.
2. The storage or warehousing of merchandise or products in the building or on the premises, unless
otherwise approved.
3. The outdoor storage of merchandise or products.
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except
such as are customarily incidental or essential to permitted retail commercial and service uses.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial
visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat,
liquids, noise, odor, smoke, steam, vibrations, or similar disturbances.
E. General development standards for uses in P-O (Professional Office) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-8 (General
Development Standards - P-O Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Public Review Draft
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.10
Commercial and Industrial Districts
Development Feature P-O
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 15 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street side 15 ft.
Rear
A minimum of five feet or one-half the height of the building wall
adjacent to the rear property line (whichever is greater).
Maximum Height Limit 35 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-8
GENERAL DEVELOPMENT STANDARDS - P-O ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take into
consideration the Commercial Design Guidelines that have been adopted by the City.
21.10.040 - C-1 (Neighborhood Commercial) Zoning District
A. Purpose of C-l (Neighborhood Commercial) Zoning District. The C-1 zoning district is intended
to provide for retail sales, offices, and services serving the daily needs of nearby residents of the City
and to promote stable and attractive commercial development which will be compatible with
neighboring residential uses. This zoning district is designed to encourage the location of commercial
uses at major intersections within residential areas. These areas should be designed to accommodate
the auto in a manner that is also friendly to and harmonious with pedestrian and bicycle traffic. The
architecture of the structures should be compatible with the neighborhood. Grocery stores, laundries,
personal services, pharmacies, and restaurants are prime examples of neighborhood commercial uses.
The C-l zoning district is consistent with the Neighborhood Commercial land use designation of the
General Plan.
February 2004
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Commercial and Industrial Districts
21.10
B. Permitted uses in C-l (Neighborhood Commercial) Zoning District. The following uses are
permitted with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Automated teller machines (ATM's).
2. Banks and financial services.
3. Book stores (under 10,000 s.f.).
4. Catering business, only when ancillary to a restaurant.
5. Dry cleaning.
6. Grocery stores (under 10,000 s.f.).
7. Hardware stores (under 10,000 s.f.).
8. Laundromats, self-service.
9. Libraries, public.
10. Light rail passenger terminals.
11. Meat markets.
12. Offices, professional.
13. Outdoor seating, when 12 total seats or less.
14. Parking lots/structures, public.
15. Personal services, general.
16. Pharmacies/drug stores.
17. Photocopying.
18. Photography studio/supply shop.
19. Repair and maintenance, consumer products.
20. Restaurants or cafes (excluding fast food or drive ins).
21. Retail stores, general merchandise.
22. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
23. Schools K-12, public.
24. Shopping centers (under 10,000 s.f.).
25. Travel agencies.
26. Universities/colleges, public.
27. Vending machines.
28. Wireless telecommunications facilities - stealth (requires approval of a Site and Architectural
Review Permit).
C. Uses allowed with Conditional Use Permit in C-l (Neighborhood Commercial) Zoning District.
The following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Alternative fuels and recharging facilities.
2. Arcades.
3. Book stores (greater than 10,000 sJ.).
4. Broadcast and recording studios.
5. Commercial day care centers.
6. Commercial schools.
7. Community/cultural/recreational centers.
8. Convalescent/rest homes.
9. Convenience markets/stores.
10. Conversion, commercial converted from residence.
11. Dancing and live entertainment.
12. Emergency shelters.
13. Furniture, furnishings, and equipment stores (greater than 10,000 s.f.).
Public Review Draft
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.10
Commercial and Industrial Districts
14. Furniture, furnishings, and equipment stores (under 10,000 s.f.).
15. Garden centers/plant nurseries.
16. Gasoline stations.
17. Government offices and facilities (local, State or Federal).
18. Grocery stores (greater than 10,000 s.f.).
19. Hardware stores (greater than 10,000 s.f.).
20. Health/fitness centers.
21. Hotel.
22. Late night activities.
23. Liquor establishments.
24. Liquor stores.
25. Massage establishments.
26. Medical services, clinics.
27. Medical services, extended care.
28. Motel.
29. Museums, public.
30. Music (recordings) stores.
31. Outdoor seating, when more than 12 total seats.
32. Pet stores.
33. Philanthropic collection trailers.
34. Public assembly uses.
35. Public utility structures and service facilities.
36. Radio or television transmitters.
37. Recycling facilities - reverse vending machines.
38. Recycling facilities - small collection facility.
39. Restaurants with late night activities or banquet facilities.
40. Restaurants, fast food (with or without drive-in service).
41. Schools K-12, private.
42. Shopping centers (greater than 10,000 s.f.).
43. Spa services.
44. Studios - art, dance, music, photography, etc.
45. Tanning studios.
46. The use of any building that was constructed as a residential structure for a commercial or office
use.
47. Transitional housing.
48 Universities/colleges, private.
49. Veterinarian clinics and animal hospitals.
50. Video rental stores.
51. Warehouse retail stores.
52. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in C-l (Neighborhood Commercial) Zoning District. The following uses are
prohibited:
1. Storage of industrial vehicles, except for the purpose of loading and unloading.
2. The storage or warehousing of merchandise or products in the building or on the premises for sale
other than at retail on the premises.
3. The outdoor storage of merchandise or products, unless otherwise approved;
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except
such as are customarily incidental or essential to permitted retail commercial and service uses.
February 2004
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
Commercial and Industrial Districts
21.10
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or visitors of
adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids,
noise, odor, smoke, steam, vibrations, or similar disturbance.
E. General development standards for uses in C-l (Neighborhood Commercial) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-9 (General
Development Standards - C-1 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Development Feature C-l
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 15 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side propertv line (whichever is greater).
Street side 15 ft.
Rear 10 ft.
The Planning Commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided
at the front of the parcel.
Maximum Height Limit 35 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-9
GENERAL DEVELOPMENT STANDARDS - C-l ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take into
consideration the Commercial Design Guidelines that have been adopted by the City.
Public Review Draft
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.10
Commercial and Industrial Districts
21.10.050 - C-2 (General Commercial) Zoning District
A. Purpose of C-2 (General Commercial) Zoning District. The C-2 zoning district is intended to
provide a wide range of retail sales and business and personal services primarily oriented to the
automobile customer and accessible to transit corridors, to provide for general commercial needs of
the City, and to promote a stable and attractive commercial development which will afford a pleasant
shopping environment. The building forms should typically frame the street, with parking lots
located either behind or under the structures they are designed to serve. Auto related uses (e.g., auto
repair) are generally prohibited from locating in this zoning district. The C-2 zoning district is
consistent with the General Commercial land use designation of the General Plan.
B. Permitted uses in C-2 (General Commercial) Zoning District. The following uses are permitted
with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Ambulance service.
2. Artisan products, small-scale assembly.
3. Automated teller machines (ATM's).
4. Banks and financial services.
5. Blueprinting shops.
6. Book store (under 10,000 s.f).
7. Catering business (only when ancillary to a restaurant).
8. Dry cleaning.
9. Furniture, furnishings, and equipment stores (greater than 10,000 sJ.).
10. Furniture, furnishings, and equipment stores (under 10,000 s.f.).
11. Garden centers/plant nurseries.
12. Grocery stores (under 10,000 s.f.).
13. Handicraft industries, small-scale assembly.
14. Hardware stores (under 10,000 s.f.).
15. Hotels.
16. Laundromats, self-service.
17. Libraries, public.
18. Light rail passenger terminals.
19. Medical services, laboratories.
20. Motels.
21. Offices, professional.
22. Outdoor seating, when 12 total seats or less.
23. Parking lots/structures, public.
24. Personal services, general.
25. Pharmacies/drug stores.
26. Photocopying.
27. Photography studio/supply shop.
28. Repair and maintenance, consumer products.
29. Restaurants or cafes (excluding fast food or drive ins).
30. Retail stores/general merchandise.
31. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
32. Schools K-12, public.
33. Shopping centers (under 10,000 s.f.).
34. Travel agencies.
35. Universities/colleges, public.
36. Vending machines.
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Commercial and Industrial Districts
21.10
37. Wireless telecommunications facilities - stealth (requires approval of a Site and Architectural
Review Permit).
C. Uses allowed with Conditional Use Permit in C-2 (General Commercial) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Adult day care facilities.
2. Alternative fuels and recharging facilities.
3. Arcades.
4. Banquet facilities.
5. Bed and breakfast inns (only in historic structures).
6. Book stores (greater than 10,000 s.f.).
7. Broadcast and recording studios.
8. Caretaker/employee housing (not to exceed 640 s.f. and one bedroom).
9. Cat and dog day care facilities.
10. Cat and dog grooming facilities.
11. Cat boarding facilities.
12. Check cashing.
13. Commercial day care centers.
14. Commercial schools.
15. Community/culturaVrecreational centers.
16. Convalescent/rest homes.
17. Convenience markets/stores.
18. Conversion, commercial converted from residence.
19. Dancing and live entertainment.
20. Department stores.
21. Drive-in theaters.
22. Emergency shelters.
23. Equipment rental establishments.
24. Gasoline stations.
25. Golf courses and golf driving ranges.
26. Government offices and facilities (local, state or federal).
27. Grocery stores (greater than 10,000 s.f.).
28. Hardware stores (greater than 10,000 s.f.).
29. Health/fitness centers.
30. Hospitals.
31. Indoor amusement/entertainment/recreation centers.
32. Late night activities.
33. Liquor establishments (on-site consumption only).
34. Liquor stores (off-site consumption only).
35. Massage establishment.
36. Medical services, clinics.
37. Medical services, extended care.
38. Miniature golf courses.
39. Motor vehicle - cleaning, washing, and detailing.
40. Motor vehicle - oil change facilities.
41. Motor vehicle - parts and supplies (very limited maintenance/installation).
42. Motor vehicle - renting and leasing.
43. Motor vehicle - sales (new and/or used).
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
21.10
Commercial and Industrial Districts
44. Museums, public.
45. Music (recordings) stores.
46. Nightclubs with or without food service.
47. Outdoor active activities (e.g., drive-up windows).
48. Outdoor amusement/entertainment/recreation centers.
49. Outdoorretail sales and activities.
50. Outdoor seating, when more than 12 total seats.
51. Personal services, limited.
52. Pet stores.
53. Pharmacies/drug stores, with drive-up service.
54. Philanthropic collection trailers.
55. Public assembly uses.
56. Public utility structures and service facilities.
57. Public works maintenance facilities and storage yards.
58. Radio or television transmitters.
59. Radio stations.
60. Recycling facilities - reverse vending machines.
61. Recycling facilities - small collection facility.
62. Restaurants with late night activities or banquet facilities.
63. Restaurants, fast food, with or without drive-in service.
64. Schools k-12, private.
65. Second hand/thrift stores.
66. Shopping centers (greater than 10,000 sJ.).
67. Sign shops.
68. Spa services.
69. Studios - art, dance, music, photography, etc.
70. Tanning studios.
71. Theaters, movie or performing arts.
72. Transitional housing.
73. Universities/colleges, private.
74. Veterinary clinics and animal hospitals.
75. Video rental stores.
76. Warehouse retail stores.
77. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in C-2 (General Commercial) Zoning District. The following uses are prohibited:
1. Storage of industrial vehicles, except for the purpose of loading and unloading.
2. The storage or warehousing of merchandise or products in the building or on the premises for sale
other than at retail on the premises.
3. The outdoor storage of merchandise or products, unless otherwise approved.
4. The assembly, compounding, manufacturing, or processing of merchandise or products, except
such as are customarily incidental or essential to permitted retail commercial and service uses.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial
visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat,
liquids, noise, odor, smoke, steam, vibrations, or similar disturbance.
E. General development standards for uses in C-2 (General Commercial) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-10 (General
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21.10
Development Standards - C-2 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
Development Feature C-2
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
F.AR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 10 ft.
Side (each) A minimum of five feet or one-half the height of the building wall
adjacent to the side property line (whichever is greater).
Street Side 10 ft.
Rear 10 ft.
The Planning Commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided
at the front of the parcel.
Maximum Height Limit 75 ft.
Accessory structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-10
GENERAL DEVELOPMENT STANDARDS - C-2 ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take into
consideration the Commercial Design Guidelines that have been adopted by the City.
21.10.060 - C-3 (Central Business District) Zoning District
A. Purpose of C-3 (Central Business District) Zoning District. The C-3 zoning district is applied to
the heart of the City including and surrounding parts of Campbell A venue in Downtown Campbell.
The building forms in this zoning district edge the street and include retail commercial uses (e.g.,
entertainment, shopping, and services) on the ground floor, with either office or residential uses on
the upper floors. Residential uses may be allowed where compatible with the general mix of
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Downtown uses. The C-3 zoning district is consistent with the Central Commercial land use
designation of the General Plan. The C-3 zoning district is specifically created to promote the
following objectives in the central business area of Campbell:
1. To retain and enhance the Downtown area as a unique and economically viable retail and
business center serving local and area wide commercial needs;
2. To reinforce Campbell A venue as a pedestrian-orientated retail street;
3. To promote ground floor retail use, upper floor commercial and residential uses where
appropriate and a suitable mix of uses in the Downtown
4. To establish development intensities consistent with the scale of the central business area and the
amount of parking which can be accommodated within and adjacent to it;
5. To maintain the pedestrian scale, character, and diversity of a small town business district;
6. To maintain adequate parking and to encourage the joint utilization of parking;
7. To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent
areas;
8. To preserve and enhance significant historic structures within the Downtown; and
9. To ensure that new construction in the Downtown is of a high architectural design quality while
accommodating suitable architectural diversity.
B. Permitted uses in C-3 (Central Business District) Zoning District. The following uses are
permitted with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances.).
1. Retail business, including but not limited to clothing stores, department stores, drugstores,
furniture stores, toy stores, jewelry stores, shoe stores, florist shops and gift shops subject to
standards for alcohol sales in compliance with Paragraph F (Standards for Alcohol Sales in the C-
3 Zoning District), below. Does not include retail business uses specified in Paragraph C (Uses
Permitted with a Conditional Use Permit in the C-3 District).
2. Commercial schools and professional offices, except on the ground floor of parcels abutting East
Campbell A venue east of Second Street unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of 50 feet from the East
Campbell Ave. property line; and
b. The separate tenant space does not have a door or entrance that takes access from East
Campbell Ave.
3. Service commercial establishments including but not limited to barber shops, beauty parlors, dry
cleaning, photographic studio, shoe repair shops, and tailors, except on the ground floor of parcels
abutting East Campbell A venue east of Second Street unless the following standards can be met:
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a. The business is located in a separate tenant space that is a minimum of 50 feet from the East
Campbell Ave. property line;
b. The separate tenant space does not have a door or entrance that takes access from East
Campbell Ave.
4. Outdoor seating and merchandise displays, subject to approval of an Outdoor Seating and
Merchandise Display Permit in compliance with Paragraph H (Standards and Permit
Requirements for Outdoor Seating and Merchandise Display), below.
5. Restaurants, subject to the provisions of Paragraph F (Standards for Alcohol Sales in the C-3
Zoning District) and standards for live entertainment in compliance with Paragraph G (Standards
for Live Entertainment in the C-3 Zoning District), below.
6. Wireless telecommunications facilities - stealth (requires approval of a Site and Architectural
Review Permit).
7. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions).
C. Uses permitted with Conditional Use Permit in C-3 District. The following uses are permitted
subject to approval of a Conditional Use Permit in compliance with Chapter 21.46 (Conditional Use
Permits ):
1. Arcade (containing amusement devices and games).
2. Banks and financial services.
3. Fast-food restaurants.
4. Government offices and facilities.
5. Grocery-stores and convenience markets.
6. Health spa, except on the ground floor of parcels abutting East Campbell A venue east of Second
Street, unless the following standards can be met:
a. The business is located in a separate tenant space that is a minimum of 50 feet from the East
Campbell Ave. property line; and
b. The separate tenant space does not have a door or entrance that takes access from East
Campbell Ave.
7. Late night activities.
8. Liquor establishments, other than those establishments permitted to sell alcoholic beverages
under Paragraph B, above.
9. Liquor store.
10. Live entertainment (except as permitted under paragraph B above).
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11. Nightclub.
12. Public assembly uses.
13. Residential condominiums or apartments (upper floors only).
14. Parking lot or structure.
15. Secondhand/thrift store.
16. Theater.
17. Wireless telecommunications facilities - non-stealth.
18. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions).
D. Prohibited uses in C-3 (Central Business District) Zoning District. The following uses are
prohibited in the C-3 district:
1. Storage of industrial vehicles, except for the purpose of loading and unloading.
2. The storage or warehousing of merchandise or products in the building or on the premises for sale
other than at retail on the premises.
3. The outdoor storage of merchandise or products, unless otherwise approved, in compliance with
Paragraph H.
4. The assembly, compounding, manufacturing or processing of merchandise or products, except
such as are customarily incidental or essential to permitted retail commercial and service uses.
5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial
visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat,
liquids, noise, odor, smoke, steam, vibrations, or similar disturbance.
6. Auto repair.
E. General development standards.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-11 (General
Development Standards - C-3 Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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Development Feature C-3
Maximum Floor Area Ratio Up to 1.25
The Planning Commission or City Council may approve a EAR.
of up to 1.5 if it makes all of the following findings:
a. The scale and intensity of the development does not create
adverse traffic and parking impacts on the Downtown.
b. The balance of land uses emphasizes retail and restaurant uses
consistent with the goals and objectives of the Redevelopment
Agency Implementation Plan.
c. The design, scale, and context of the project are consistent with
the goals and objectives established in the Downtown
Development Plan.
d. A finding of community benefit be established stating how the
development furthers the goals and objectives of the
Redevelopment Agency in the Downtown area that otherwise
could not be achieved with a lesser EAR.
Setbacks Required
Front
Side (each) None, except as may be required by the Site and Architectural
Street side Review Permit.
Rear
Maximum Height Limit 45 ft.
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
TABLE 2-11
GENERAL DEVELOPMENT STANDARDS - C-3 ZONING DISTRICT
F. Standards for alcohol sales in the C-3 Zoning District.
1. Alcohol sales by retail businesses.
a. Gift shops and florists may include products containing alcohol in gift baskets, flower
arrangements or other similar uses as approved by the Community Development Director
upon finding that the sale of alcohol would be incidental to the primary activity on the site;
b. Retail businesses permitted to sell alcohol in compliance with this Paragraph G shall obtain
the required licenses or permits from the State Alcoholic Beverage Control Department.
Uses meeting the definition of liquor store as defined by Section 21.72.020 ("Liquor Stores")
shall not be considered as a florist or gift shop;
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2. Alcohol sales by restaurants.
a. Beer and wine sales for on-site consumption only are permitted in restaurants without a
separate bar area.
b. A separate bar area is defined as a separate area, tables, or a room intended primarily for
serving alcoholic beverages.
c. Restaurants that serve alcohol may be required to establish a designated driver program.
d. Restaurants shall obtain the required licenses or permits from the State Alcoholic Beverage
Control Department.
3. Beer and wine festivals. See also Section 21.36.030 (Beer and Wine Festivals).
G. Standards for live entertainment in the C-3 Zoning District. Live entertainment, when clearly
ancillary to the restaurant function, is permitted in restaurants subject to the following restrictions:
1. Permitted only in standard restaurants without a separate bar area. A separate bar area is defined
as a separate area, tables, or a room intended primarily for serving alcoholic beverages;
2. Maximum of four performers;
3. Hours of nine a.m. to eleven p.m.;
4. Alcoholic beverage service shall be restricted to Type 41 or 47 licenses only from the State
Alcoholic Beverage Control Department, and at no time shall off-site sales be allowed. Full food
service shall be available during entertainment;
5. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet
from the businesses tenant space. However, in no case may noise from the live entertainment
disrupt neighboring businesses;
6. No cover charge may be imposed;
7. Areas for dancing and festival seating are not allowed;
8. If the Police Department or Community Development Department find that a business is in
noncompliance with any of the above conditions, live entertainment shall be prohibited at the site
until a live entertainment permit is issued by the City Council subject to the requirements set forth
by Section 5.24.01O(a) et seq. (Live Entertainment) of this Zoning Code;
H. Standards and permit requirements for outdoor seating and merchandise display within the
public right-of-way. The following standards govern the provision of outdoor seating/dining areas
and the outdoor display of merchandise within the public right-of-way (sidewalk) in the C-3 zoning
district. These standards are minimum standards and additional requirements may be added through
the discretionary review process.
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1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval
of an Outdoor Seating and Display Permit by the Community Development Director. Approval is
subject to the standards provided below and any other conditions as may be deemed necessary by
the Community Development Director in order to protect the health, safety, and welfare of the
City.
2. Application. Application for an Outdoor Seating and Display Permit shall be filed with the
Community Development Department. The application shall be accompanied by a plan set,
drawn to scale, depicting sidewalk dimensions, the location of seating, tables, umbrellas, and
merchandise displays together with other information and exhibits as required by the Community
Development Director.
3. General standards.
a. A four-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk.
This walkway shall provide for pedestrian access to doorways, crosswalks, and along the
public sidewalk. No part of the walkway shall be within two feet of the building face or
within one foot of the face of curb, and the walkway shall not cross the path of outward-
opening doors or windows.
b. All tables, seats, and displays shall be placed inside at the end of each business day.
c. Material placed on the sidewalk shall be secured so as not to be moved by the wind.
However, tables, seats, or displays may not be bolted into the ground or secured to the
streetlights, trees, or other street furniture.
d. The permit holder is responsible for picking up all litter associated with the outdoor seating or
display and shall maintain the area in a clean condition at all times.
4. Outdoor seating.
a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set
forth in the approved application and accompanying plans.
b. Tables, seating, or displays shall not be placed within the area of any disabled ramps,
driveways, or doorways.
c. Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the
face of curb.
d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical
clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the
table, and shall not extend past the curb.
e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be
attractive, made of durable materials, and be maintained in good repair and in a manner to
enhance the downtown area.
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5. Outdoor Displays.
a. Outdoor merchandise displays shall be placed against the building face abutting the permit
holder's tenant space and shall be limited to 50 percent of the business frontage.
b. Tenants on corner lots are permitted displays along one frontage only.
c. Merchandise shall be attractively displayed on appropriate racks or other similar stands.
Displays using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not
permitted. Merchandise too large to be placed on a display may be freestanding.
d. Displayed merchandise shall be the same type of merchandise sold in the existing business at
the site.
e. Displays, including the merchandise placed on them may not be more than four feet high.
The Community Development Director may approve displays greater than four feet if it can
be found that the display will not block the visibility of windows of that business.
f.
One sign, not to exceed one square foot, per display is permitted for pricing. "A" framed
signs and other types of signage shall not be considered displays.
6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the City, its
agents, officers, attorneys, employees, and officials harmless from any and all claims, causes of
action, injuries, or damages arising out of any negligent acts on part of the permit holder, its
agents, officers, employees, or anyone rendering services on their behalf. This indemnity shall
include all reasonable costs and attorney's fees incurred in defending any action covered by this
provision.
a. The permit holder, during the continuance of this permit and at no cost to the City, shall
maintain a comprehensive liability policy in the amount of $1,000,000.00 and if applicable a
workers compensation liability policy each with a minimum coverage of $100,000.00.
b. The policy shall include the City as additional insured and shall apply as primary insurance
and shall stipulate that no other insurance effected by the City will be called on to contribute
to a loss.
c. Before the issuance of a permit, the permit holder shall furnish to the City a certificate of
insurance, duly authenticated, evidencing maintenance of the insurance required under this
permit.
d. If the insurance policy is canceled, terminated, suspended, or materially changed, the Outdoor
Seating and Display Permit shall be suspended until the time that compliance with the
requirements of this Subparagraph 6 has been fully satisfied.
I. Standards for parking in the C-3 (Central Business District) Zoning District. In addition to other
applicable parking requirements in Chapter 21.28 (Parking and Loading), the following requirements
shall apply in the C-3 (Central Business District) Zoning District.
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1. Shared parking facilities. All new parking spaces shall be provided in shared parking facilities,
unless the City Council, upon recommendation of the Planning Commission, finds that another
parking arrangement would better serve the public safety or welfare and would not be detrimental
to the overall parking and circulation in the area.
2. Parking requirement computation. In computing the total parking requirement, credit shall be
allowed for existing on-site parking or for existing shared off-site parking if an agreement,
acceptable to the City, which provides for the use and maintenance of shared parking is in effect.
3. Change in use. Legally existing buildings shall be required to meet the current parking standards
upon expansion of the building or when there is a change in use which requires more parking than
is currently provided, unless the City Council grants a parking adjustment by finding that the
existing parking will adequately meet the demands generated by the change in use and will not be
detrimental to the overall parking and circulation in the area.
a. Retail uses and standard restaurants may occupy an existing building and shall not be
required to provide additional parking unless the building is expanded.
b. Existing parking associated with the building shall not be reduced beyond that of current
requirements.
4. Parking ratios. The required shared-facility parking ratios, based on gross square footage of a
building, unless otherwise indicated, shall be as follows (parking spaces/square foot):
Retail 1 :345 sq. ft. gross floor area
Office 1 :425 sq. ft. gross floor area
Restaurant 1 space per 4 seats
Banks 1:350 sq. ft. gross floor area
Residential 2 spaces per unit
Service commercial 1:345 sq. ft. gross floor area
J. Development review regulations for projects in the C-3 (Central Business) Zoning District.
1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are
architecturally exemplary of the variety of historic periods in which they were constructed. These
design standards are intended to both promote the conservation and rehabilitation of buildings
and to encourage new building and remodeling which is simultaneously in keeping with existing
buildings and architecturally exemplary of contemporary design. In this way the architectural
history and richness of downtown will be continued and expanded.
Each new building and remodeling project in the downtown shall adhere both in its large- and
small-scale parts to the architectural parts or style adopted for the project. Architectural design
shall be of high quality, measured against contemporary standards.
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2. Intent. The guidelines below govern building mass; building form and composition; storefronts;
materials, colors and finishes; and other elements. They are intended to encourage the relation of
specific project aspects to the designated architectural parts or style.
3. Site and Architectural Review required. Buildings and structures in the C-3 (Central Business)
Zoning District shall conform to the design standards in Paragraphs 4 - 8 below and are subject to
approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review):
4. Building mass.
a. Large building facades shall be divided into smaller elements to complement the intimate
scale created by the existing small property divisions.
b. Second floor decks or terraces at the rear of buildings for use by adjacent offices or
restaurants should be incorporated whenever practical to add a sense of vitality to the rear
building facades.
c. Roof design shall be consistent with the building's architectural style. Mansard, shed or
residential type roofs are prohibited unless it is demonstrated that such a roof style is
structurally or architecturally suitable for the particular project or location.
d. The existing residential building types of historical significance should retain their
character, including features such as landscaped setbacks.
5. Building form and composition.
a. Unique and historic building elements such as parapet details and belt courses shall be
retained and restored.
b. Traditional commercial building forms should be incorporated whenever practical.
c. Open air dining areas facing Campbell A venue should be employed to the greatest extent
practical. The buildings should not be set back from the street, but should contain the dining
areas within their architectural framework.
d. Upper stories in multistory buildings are required to have solid surfaces with vertical
rectangular windows, augmented with frames. Glass curtain walls should not be approved
unless it is demonstrated that such walls are the only structurally or architecturally suitable
form of wall for the particular project or location.
e. Architecturally exemplary design of high quality shall be employed. Buildings should not be
made to look "old time" unless such design would be clearly more appropriate and
harmonious with the purpose of this chapter.
f.
Buildings shall incorporate base, cornice, and other elements appropriate to their architectural
style.
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6. Storefronts.
a. First floor frontages shall have an integrated design including display windows, an entry, and
slgnmg.
b. The design of the building storefront shall be consistent with the building's architectural style.
c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration,
displays, signing, or landscaping, unless the effect of such elements would be clearly contrary
to the purposes of this chapter. Large areas of blank walls should not be permitted unless it is
demonstrated that such blank areas are clearly more appropriate and harmonious than would
be the case if elements of visual interest were incorporated.
d. Buildings facing Campbell A venue shall have their primary entries along that street.
e. Entries should be recessed, as they add depth to storefront, and act as transition areas between
the street and shop interiors, unless the effects of such entries would be clearly contrary to the
purposes of this Paragraph J.
f.
Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or
windows of heavily tinted or reflective glass should not be approved unless it is demonstrated
that such doors and windows are the only structurally or architecturally suitable form for the
particular project or location.
g. Storefront windows shall reflect the building's character. For instance, on 1940's and 50's
"showcase" buildings exposed aluminum frame windows are appropriate.
h. Ground floor offices facing Campbell A venue are required to maintain the same storefront
character as retail spaces.
1.
Awnings on building facades should be employed when appropriate, as they add color,
weather protection, and opportunities for signing. As in other architectural elements, the
awnings should be designed to reflect the building's geometry.
7. Materials, colors, and finishes~
a. Primary facade materials shall be limited to those that are characteristic of the building's
architectural style.
b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an
attempt to look antiqued or used.
c. Primary building colors shall be characteristic of the building's architectural style. Overly
bright, garish, or otherwise offensive colors or color combinations are prohibited.
d. Accent materials such as tile bases shall be carefully chosen to complement the building style
and coordinate with adjacent buildings. The use of shingles, lava rock, sheet metal siding, or
any other residential or industrial materials should not be approved unless it is demonstrated
that such material would be the only structurally or architecturally suitable materials for the
project or location.
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e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the
buildings.
f.
A coordinated color scheme that responds to the style of the structure shall be developed for
each building. The colors of signing, awnings, planters, accent materials, and primary facade
colors should all be considered. The number of colors should be limited.
8. Other elements.
a. Trash collection and storage areas shall be carefully screened.
b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in
the storefront areas.
c. Colorfully landscaped planters are allowed. These are especially appropriate below second
floor windows.
d. All building maintenance shall be done conscientiously.
K. Sign regulations for C-3 (Central Business) Zoning District. The following provisions shall apply
to the C-3 (Central Business District) Zoning District only and shall supersede those listed under
Chapter 21.30 (Signs):
1. Intent. The intent of these regulations is to stimulate creative, good quality signing which will
complement the intimate scale and architectural character of the area, and which will complement
the architectural style of the building to which the signing is fixed.
2. Allowable signs. Each business shall be allowed one square foot of sign area for each one linear
foot of business frontage. A minimum of 20 square feet is allowed and a maximum of 40 square
feet is allowed for each business.
3. Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal,
painted fabric, and similar materials. Plastic signs should not be approved unless it is
demonstrated that the use of the plastic signs at the proposed location would be more harmonious
with the purpose of this Paragraph L than the foregoing enumerated materials.
4. Wall signs. Each business may have one wall sign, except corner businesses, which may have
two. This sign shall be located below the top of parapet on single story buildings and below the
second floor sill on multistoried buildings. It may be painted directly on a wall, a sign panel
attached to a parapet wall, or of individually formed letters attached to a wall.
5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk
screened or appliquéd onto the awning. Awnings may project five feet into the public right-of-
way on Campbell A venue and shall maintain a minimum clearance of eight feet from the ground.
All other streets shall be limited to a two-foot projection and have a minimum clearance of eight
feet. Awnings shall be securely attached to buildings and well maintained. No supports or poles
may be located in the public right-of-way. Awning forms shall be carefully chosen to
complement the architectural style of the building to which they are fixed.
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Figure 2-1
Awning
6. Projecting signs.
a. In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-
sided projecting sign. The projecting sign may be a maximum of six square feet and may
serve to identify more than one tenant in the building.
b. Signs may project a maximum of four feet over the public right-of-way with a minimum
eight-foot clearance from the ground. Signs shall not project above any roofline or facade of
the building.
c. Projecting signs shaped as symbols depicting the goods or services being sold by the business
are encouraged.
d. Wood signs, that are carved, painted, stained, or feature raised letters and symbols are
specifically encouraged.
e. Sign colors should relate to material or paint scheme of the building. Fluorescent colors are
not allowed.
f.
Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon
signs, or flashing signs.
g. Projecting signs shall be mounted perpendicular to the street and may be hung from coverings
over sidewalks or affixed to the building wall.
(1) Signs shall be structurally attached to the building with wood, metal brackets, chain, or
other similar materials in a manner compatible with the architectural style of the building.
(2) Fabric signs shall be anchored to the building from both the top and bottom of the sign.
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. 2'
10' ¡
Figure 2-2
Projecting Sign
7. Lighting. Only external illumination of signs is allowed except for individual letter signs.
L. Nonconforming uses and structures in the C-3 (Central Business District) Zoning District.
Nonconforming uses and structures shall be governed by the standards set forth in Chapter 21.58
(Nonconforming Uses and Structures), except that whenever a nonconforming use has been
abandoned or discontinued for a continuous period of six months, the nonconforming use shall not be
reestablished; and the use of the structure and the site shall comply with the regulations for the C-3
zoning district.
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Commercial and Industrial Districts
21.10
21.10.070 - C-M (Controlled Manufacturing) Zoning District
A. Purpose of CoM (Controlled Manufacturing) Zoning District. The C-M zoning district is
intended to provide a stable environment conducive to the development and protection of specialized
manufacturing, packaging, printing, publishing, testing, and research and development with
associated administrative office facilities often providing a campus-like environment as a corporate
headquarters. These facilities are operated and maintained in a clean and quiet manner and
continually meet the standards identified in this Chapter and in this Zoning Code. The C-M zoning
district is consistent with the Research and Development land use designation of the General Plan;
and
B. Permitted uses in CoM (Controlled Manufacturing) Zoning District. The following uses are
permitted with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Artisan products, small-scale assembly.
2. Blueprinting shops.
3. Business support services.
4. Clothing products manufacturing.
5. Electronics and equipment manufacturing.
6. Food and beverage product manufacturing.
7. Furniture/cabinet shops.
8. Glass products manufacturing.
9. Handicraft industries, small-scale assembly.
10. Laundries/dry cleaning plants.
11. Light rail passenger terminals.
12. Machinery manufacturing.
13. Metal products fabrication.
14. Offices, professional.
15. Paper products manufacturing.
16. Pharmaceutical manufacturing.
17. Plastics and rubber products.
18. Printing and publishing.
19. Research and development.
20. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
21. Sign manufacturing.
22. Textile products manufacturing.
23. Warehousing, wholesaling and distribution facility, incidental (less than 50% of floor area).
24. Wireless telecommunications facilities - stealth (requires approval of a Site and Architectural
Review Permit).
C. Uses allowed with Conditional Use Permit in CoM (Controlled Manufacturing) Zoning District.
The following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Ancillary retail uses serving industrial uses.
2. Broadcast and recording studios.
3. Caretaker/employee housing.
4. Emergency shelters.
5. Government offices and facilities (local, state or federal).
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6. Health/fitness centers.
7. Late night activities.
8. Medical services, clinics.
9. Medical services, extended care.
10. Medical services, laboratories.
11. Parking lots/structures, public.
12. Public utility service yards.
13. Public utility structures and service facilities.
14. Public works maintenance facilities and storage yards.
15. Radio or television transmitters.
16. Radio stations.
17. Restaurants or cafes (excluding fast food or drive-ins).
18. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in CoM (Controlled Manufacturing) Zoning District. The following uses are
prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the
emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance.
2. The use of any building that was constructed as a residential structure. Such building is
considered nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses
and Structures).
3. The storage of raw, in process, or finished material and supplies, and of waste materials outside
of an enclosed building.
4. All incineration.
E. General development standards for uses in CoM (Controlled Manufacturing) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-12 (General
Development Standards - C-M Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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Commercial and Industrial Districts
21.10
Development Feature C-M
Minimum Parcel Size The minimum lot area shall be indicated by the number following
the C-M designation on the zoning map. Such number represents
the required net lot area in thousands of square feet. Provided that
where a lot has an area less than that required by the district and
was legally recorded as a separate parcel at the time this chapter
became effective, such lot may be used in accord with the
provisions of this chapter.
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
F.AR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 20 ft.
Side (each) 10 ft.
Street side 10 ft.
Rear 10 ft.
The Planning Commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum Height Limit 45 ft.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
Landscaping See Section 21.26.020 (Landscaping Requirements for Individual
Zoning Districts) ,
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-12
GENERAL DEVELOPMENT STANDARDS - C-M ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take into
consideration the Industrial Design Guidelines that have been adopted by the City.
21.10.080 - M-1 (Light Industrial) Zoning District
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A. Purpose of M-l (Light Industrial) Zoning District. The M-1 zoning district is designed to
encourage sound industrial development (e.g., light manufacturing, industrial processing, storage and
distribution, warehousing), in addition to service commercial uses (e.g., motor vehicle repair
facilities) in the City by providing and protecting an environment exclusively for this type of
development, subject to regulations identified in this Zoning Code which are necessary to ensure the
protection of nearby residential uses from hazards, noises, or other related disturbances. Industries
producing substantial amounts of hazardous waste, odor, or other pollutants would be prohibited.
Businesses serving commercial uses (e.g., food service or office supply) would generally be allowed
as ancillary uses, subject to appropriate development and design standards and guidelines. The M-1
zoning district is consistent with the Light Industrial land use designation of the General Plan.
B. Permitted uses in M-l (Light Industrial) Zoning District. The following uses are permitted with a
Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. Ambulance service.
2. Artisan products, small-scale assembly.
3. Blueprinting shops.
4. Business support services.
5. Clothing products manufacturing.
6. Electronics and equipment manufacturing.
7. Food and beverage product manufacturing.
8. Furniture/cabinet shops.
9. Glass products manufacturing.
10. Handicraft industries, small-scale assembly.
11. Laboratories.
12. Laundries/dry cleaning plants.
13. Light rail lines.
14. Light rail passenger terminals.
15. Lumber and wood products, including incidental mill work.
16. Machinery manufacturing.
17. Metal products fabrication.
18. Offices, professional.
19. Paper products manufacturing.
20. Pharmaceutical manufacturing.
21. Plastics and rubber products.
22. Printing and publishing.
23. Repair and maintenance, consumer products.
24. Research and development.
25. Rug and upholstery cleaning.
26. Satellite television or personal internet broadband dishes/antenna (less than 3 feet in diameter).
27. Sign manufacturing.
27. Sign shops.
28. Textile products manufacturing.
29. Trucking/freight terminals.
30. Warehousing, wholesaling and distribution facility, incidental.
31. Warehousing, wholesaling and distribution facility, primary.
32. Wireless telecommunications facilities - stealth (requires approval of a Site and Architectural
Review Permit).
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C. Uses allowed with Conditional Use Permit in M-l (Light Industrial) Zoning District. The
following uses are permitted with a Conditional Use Permit in compliance with Chapter 21.46
(Conditional Use Permits):
1. Ancillary retail uses serving industrial uses.
2. Alternative fuels and recharging facilities.
3. Broadcast and recording studios.
4. Building material stores/yards.
5. Caretaker/employee housing.
6. Cat and dog day care facilities.
7. Cat and dog grooming facilities.
8. Cat boarding facilities.
9. Catering business.
10. Chemical products.
11. Construction equipment rentals.
12. Contractor's equipment yards.
13. Conversion, industrial converted from residence.
14. Dog boarding facilities.
15. Emergency shelters.
16. Government offices and facilities (local, state or federal).
17. Health/fitness centers.
18. Late night activities.
19. Marine sales (new and used), with/without service facilities.
20. Motor vehicle - cleaning, washing, and detailing.
21. Motor vehicle - dismantling.
22. Motor vehicle - leasing.
23. Motor vehicle - oil change facilities.
24. Motor vehicle - painting.
25. Motor vehicle - renting.
26. Motor vehicle - repair and maintenance (minor and major/only within an enclosed structure).
27. Motor vehicle - repair and maintenance (minor/only within an enclosed structure).
28. Motor vehicle - sales (new and/or used).
29. Motor vehicle - tune-up.
30. Motor vehicle - tune-up -light duty only.
31. Motor vehicle - window tinting.
32. Outdoor storage.
33. Parking lots/structures, public.
34. Public assembly uses.
35. Public utility structures and service facilities.
36. Public works maintenance facilities and storage yards.
37. Radio or television transmitters.
38. Radio stations.
39. Recycling facilities - large collection facility.
40. Recycling facilities - processing facility.
41. Restaurants or cafes (excluding fast food or drive ins).
42. Storage facilities (one facility per every 5,000 people of the population).
43. Towing services.
44. Trailer sales (with or without service facilities).
45. Transitional housing.
46. Veterinary clinics and animal hospitals.
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Commercial and Industrial Districts
47. Wireless telecommunications facilities - non-stealth.
D. Prohibited uses in M-l (Light Industrial) Zoning District. The following uses are prohibited:
1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the
emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar
disturbance.
2. The use of any building that was constructed as a residential structure. Such building is
considered nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses
and Structures).
E. General development standards for uses in M-l (Light Industrial) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-13 (General
Development Standards - M-I Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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Commercial and Industrial Districts
21.10
Development Feature M-l
Minimum Parcel Size 6,000 square feet
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 10 ft.
Side (each) 5 ft. or one-half the height of the building wall adjacent to the side
property line (whichever is greater).
Street side 10 ft.
Rear 10 ft.
The Planning Commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum Height Limit 45 ft.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
See Section 21.26.020 (Landscaping Requirements for Individual
Landscaping Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-13
GENERAL DEVELOPMENT STANDARDS - M-l ZONING DISTRICT
F. Design Guidelines. In its review of development projects, the decision-making body shall take into
consideration the Industrial Design Guidelines that have been adopted by the City.
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21.10.090 - M-1-A (Light Industrial/Adult Entertainment) Zoning District
A. Purpose of M-I-A (Light Industrial/Adult Entertainment) Zoning District. The purpose of this
chapter is to protect and foster freedom of speech and expression while also protecting the privacy,
morals, peace and tranquility of the citizens of the city of Campbell, by providing a suitable location
for the expression of speech through non-obscene adult entertainment.
B. Permitted uses in M-I-A (Light Industrial/Adult Entertainment) Zoning District. The following
uses are permitted with a Zoning Clearance in compliance with Chapter 21.40 (Zoning Clearances):
1. All uses permitted in the M-I zoning district in compliance with Section 21.1O.080.B of this
Chapter.
C. Uses allowed with Conditional Use Permit in M-I-A (Light Industrial/Adult Entertainment)
Zoning District. The following uses are permitted with a Conditional Use Permit in compliance with
Chapter 21.46 (Conditional Use Permits):
1. All uses allowed with a Conditional Use Permit in the M-I zoning district in compliance with
Section 21.1O.080.c. of this Chapter.
2. Adult entertainment, as defined in Section 5.36.030 of the Campbell Municipal Code, subject to
the following criteria:
a. No obscenity, as defined by Section 5.36.040, shall be permitted on premises providing adult
entertainment;
b. No alcoholic beverages may be served on the premises where adult entertainment is offered;
c. Adult entertainment shall be limited to the hours between six a.m. and two a.ill. the following
morning;
d. Premises on which adult entertainment is offered must be at least 1,000 feet from any school,
park or other public facility that is utilized by minors;
e. Premises on which adult entertainment is offered must be at least 500 hundred feet from any
lot zoned or currently used for residential purposes; and
f. The permittee shall agree to abide by all applicable laws.
D. Prohibited uses in M-I-A (Light Industrial/Adult Entertainment) Zoning District.
following uses are prohibited:
The
1. All uses prohibited in the M-I zoning district in compliance with Section 21.1O.080.D. of this
Chapter.
E. General development standards for uses in M-l (Light Industrial) Zoning District.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-14 (General
Development Standards - M-I-A Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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Development Feature M-1-A
Minimum Parcel Size 6,000 square feet
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required
Front 10 ft.
Side (each) 5 ft. or one-half the height of the building wall adjacent to the side
property line (whichever is greater).
Street side 10 ft.
Rear 10 ft.
The Planning Commission may grant a reduction or approve a
structure to be placed on the rear property line and may designate
that additional landscaping and setback requirements be provided at
the front of the parcel.
Maximum Height Limit 45 ft.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
See Section 21.26.020 (Landscaping Requirements for Individual
Landscaping Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-14
GENERAL DEVELOPMENT STANDARDS - M-1-A ZONING DISTRICT
F.
Design Guidelines. In its review of development projects, the decision-making body shall take
into consideration the Industrial Design Guidelines that have been adopted by the City.
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CAMPBELL MUNICIPAL CODE, TITLE 21- ZONING CODE
CHAPTER 21.12 - SPECIAL PURPOSE DISTRICTS
Sections:
21.12.010 - Purpose of Chapter - Applicability
21.12.020 - C-PD (Condominium Planned Development) Zoning District
21.12.030 - P-D (Planned Development) Zoning District.
21.12.040 - P-F (Public Facilities) Zoning District
21.12.050 - P-F/O-S (Open Space) Zoning District
21.12.010 - Purpose of Chapter - Applicability
This Chapter provides regulations applicable to development and new land uses in the special purpose
zoning districts established by Section 21.04.020 (Zoning Districts Established). The purposes of the
individual special purpose zoning districts and the manner in which they are applied are identified below.
21.12.020 - C.PD (Condominium Planned Development) Zoning District
A. Purpose. The C-PD zoning district is established to provide for the construction of new residential,
commercial, and industrial condominiums. This zoning district also provides for the conversion of
existing multiple-family rental housing units into condominiums, community apartments, stock
cooperatives, and any other subdivision that is a conversion of existing rental housing. This district
also provides for the conversion of existing commercial and industrial structures to commercial and
industrial condominiums.
B. General Plan. The C-PD zoning district is consistent with the underlying land use designation of the
General Plan.
C. Allowable uses in the C-PD zoning district. Subject to the approval of a Planned Development
Permit, in compliance with paragraph E, below, the following uses may be allowed in the C-PD
(Condominium Planned Development) Zoning District:
1. The construction of new residential, commercial, and industrial condominiums;
2. The conversion of existing multiple-family rental housing units into condominiums, community
apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental
housing; and
3. The conversion of existing commercial and industrial structures to commercial and industrial
condominiums.
D. Restrictions. The C-PD zoning district is the only zoning district in which the construction of new
condominiums, or the conversion of existing residential, commercial, or industrial structures to
condominiums, is allowed.
E. Reference to the P-D zoning district. A project in the C-PD zoning district is subject to the Planned
Development Permit procedures identified in this Chapter for the P-D (Planned Development) Zoning
District, Subsection 21. 12.030.F.2 (Planned Development Permit Required).
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F. Standards for conversion. Any conversion proposed in compliance with this Chapter shall:
1. Conform to all applicable City codes for the construction of a new condominium unit.
Documentation and inspection, satisfactory to the Building Official, Community Development
Director, Fire Chief, and Public Works Director, shall be provided by the applicant/developer,
which shall detail the current condition of the subject property.
2. Include detailed information pertaining to the condition of the appliances, ceilings, electrical, fIre
protection devices, foundations, landscaping, mechanical equipment, parking facilities, plumbing,
recreational facilities, utilities, walls, and windows.
3. Include a utility plan indicating how utility metering will be accomplished and a sound
transmission plan indicating how the structure(s) will be brought up to applicable sound
transmission standards.
G. Notification of conversion. The applicant/owner of a proposed conversion project shall:
1. Provide the Community Development Director with a current list of the names and addresses of
each person residing in an existing structure proposed for conversion so that they shall be
properly notifIed of the pending conversion.
2. Comply with all applicable State requirements as they pertain to the notifIcation of tenants of a
proposed conversion.
H. Open Space Required for Condominiums. For each residential condominium, community
apartment, or stock cooperative unit, an area of not less than 500 square feet shall be provided for
open space/recreation purposes. Such area shall be in addition to the required open space between
buildings and any street property line. It shall be specifically designed for open space/recreational
use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways
between buildings. Of the 500 square feet of open space/recreation area, at least 300 square feet shall
be provided for common use of each dwelling unit, 50 percent of which shall be located in one area of
the site. This requirement shall apply to new condominiums as well as to the conversion of existing
multiple-family rental units.
21.12.030 - P-D (Planned Development) Zoning District.
A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in
other zoning districts so as to allow developments that are more consistent with site characteristics
while creating an optimum quantity and use of open space and good design. The zoning district
allows within its boundaries a use or development, or a combination of uses or types of uses or types
of developments, that is (are) determined to be in conformance with the underlying land use
designation of the General Plan. It is not the intent of the P-D zoning district to allow more
residential units than would normally be allowed by other residential zoning districts which are
deemed consistent with the General Plan.
B. General Plan. The P-D zoning district is consistent with the underlying land use designation of the
General Plan.
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C. San Tomas Area. San Tomas Area Neighborhood Plan policies are incorporated herein by
reference. The San Tomas Neighborhood Area Plan policies shall only apply to properties within the
boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is
maintained at the Community Development Department. In the case of conflict between the San
Tomas Area Neighborhood Plan policies and requirements contained in this Chapter, the policies of
the San Tomas Area Neighborhood Plan shall prevail.
D. Allowable uses in the poD zoning district. Any use or development that is determined to be
consistent with the General Plan of the City may be approved in the planned development zoning
district, subject to the criteria established in Subsection FA (Considerations in review of
applications). Development plans shall be approved either through an Administrative Planned
Development Permit in compliance with Subsection F.2.a, below, or by City Council resolution or
ordinance in compliance with Subsection F.7 (Action by the City Council). In order to aid the City
Council in adoption of a resolution or ordinance, the Planning Commission shall also hold a public
hearing and shall transmit its findings and recommendations by resolution to the City Council.
Establishment of liquor establishments shall require approval of a Conditional Use Permit.
E. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration any relevant design guidelines that have been adopted by the City.
F. Establishing the poD zoning district.
1. Establishment of poD zoning districts.
a. Unless initiated by the City, an application for a zone change to a P-D zoning district for a
specific parcel or area shall include a Development Plan.
b. The City may initiate a zone change to a P-D zoning district for a specific parcel or area,
without providing a Development Plan, when the purpose of the zone change is determined to
serve the best interests of the City.
2. Planned Development Permit required. Unless otherwise specified in this Chapter, no use or
structure shall be constructed, created, enlarged, erected, established, installed, maintained, or
placed within a P-D zoning district unless and until a Planned Development Permit has been
approved.
a. Administrative Planned Development Permit required. An Administrative Planned
Development Permit approved by the Community Development Director shall be required for
the following:
1. The establishment of a new use in an existing building when no development plans are
required (excluding the establishment of a liquor establishment that requires the approval
of a Conditional Use Permit).
2. A new single-family home or an addition to a single-family home on an existing lot with
only one single-family residence on the lot.
3. Additions to commercial and industrial buildings when the addition is less than 10
percent of the existing gross floor area or 5,000 square feet, whichever is less.
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b. Planned Development Permit required. A Planned Development Permit reviewed by the
Planning Commission and approved City Council shall be required for all projects that are
not covered by the approval of an Administrative Planned Development Permit, as provided
above.
c. Modification of a Planned Development Permit.
1. Minor modification. The Community Development Director may approve a minor
modification to a previously approved Planned Development Permit when the
change/modification does not add additional building square footage or substantially alter
the design or specifications approved by the site plan. The Community Development
Director may request that a minor modification be reviewed by the Planning
Commission.
2. Major modification. A modification to a Planned Development Permit that proposes to
add additional square footage or substantially alter the design or specifications approved
by the site plan shall be reviewed by the Planning Commission and City Council.
3. Application filing and contents.
a. Application for a Planned Development Permit or Modification to a Planned Development
Permit shall be filed with the Community Development Department. All applications shall
be accompanied by a filing fee in compliance with the City Council's Fee Resolution.
b. The Community Development Director shall prescribe the form of the application and data
and information to be filed with the application.
c. A Development Plan shall be required to accompany the application.
d. If development is to be carried out in stages, each stage shall be shown on a Master Plan of
Development.
e. The Development Plan shall:
1. Indicate the site location and planning of all structures and open spaces to show that the
development will be compatible with the General Plan and will aid in the harmonious
development of the immediate area.
2. Include proposed structures with elevations which show appearance and materials of
exterior walls, fences or walls used for screening or separation, design of ingress and
egress, landscaping, and off-street parking and loading facilities.
3. Include a development schedule indicating the latest date on which construction of the
project is to begin and the anticipated date of completion is required.
f.
The Planning Commission or City Council may also require other information that it
considers necessary.
4. Consideration in review of applications. The Community Development Director, the Site and
Architectural Review Committee, the Planning Commission, and the City Council shall consider
the following matters, in addition to others deemed applicable, in their review of the application:
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a. Considerations relating to site circulation, traffic congestion, and traffic safety:
1. The effect of the site development plan on traffic conditions on abutting streets;
2. The layout of the site with respect to locations and dimensions of vehicular and
pedestrian entrances, exit driveways, and walkways;
3. The arrangement and adequacy of off-street parking facilities to prevent traffic
congestion;
4. The location, arrangement, and dimensions of truck loading and unloading facilities;
5. The circulation patterns within the boundaries of the development; and
6. The surfacing and lighting of the off-street parking facilities.
b. Considerations relating to landscaping:
1. The location, height, and material of fences, walls, hedges, and screen plantings to ensure
harmony with adjacent development or to conceal storage areas, utility installations, and
other unsightly aspects of the development;
2. The planting of ground cover or other surfacing to prevent dust and erosion; and
3. The preservation of existing healthy trees.
c. Considerations relating to structure and site lay-out:
1. Consideration of the general silhouette and mass, including location on the site,
elevations, and relation to natural plant coverage, all in relationship to the surrounding
neighborhood; and
2. Consideration of exterior design in relation to adjoining structures in terms of area, bulk,
height, openings, and breaks in the facade facing the street.
3. Consideration of the appropriateness and compatibility of the proposed uses in relation to
the adjacent uses and the area as a whole.
5. Action by the Site and Architectural Review Committee. The Site and Architectural Review
Committee shall review all Development Plans (except those approved by the Administrative
Planned Development Permit in compliance with Subparagraph 2.a, above) and shall make
reports and recommendations on each application to the Planning Commission.
6. Action by the Planning Commission.
a. The Planning Commission shall hold a public hearing on a Planned Development Permit
application. The hearing shall be noticed in compliance with Chapter 21.64 (Public
Hearings).
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b. Following close of the public hearing, the Planning Commission shall report its findings and
recommendations to the City Council by resolution.
c. The Planning CoIDIIÚssion may recommend approval of the proposed development if it finds
that all of the following criteria have been satisfied (with regard to the elements identified in
Subparagraph 4 (Consideration in review of applications), above:
1. The proposed development or uses clearly would result in a more desirable environment
and use of land than would be possible under any other zoning district classification;
2. The proposed development would be compatible with the General Plan and will aid in the
harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would
be allowed by other residential zoning districts which are consistent with the General
Plan designation of the property; and
4. The proposed development would not be detrimental to the health, safety or welfare of
the neighborhood or of the City as a whole.
d. In recommending approval, the Planning Commission may also recommend conditions of
approval as it deems reasonable and necessary under the circumstances to carry out the intent
of this Chapter and the General Plan.
e. The Planning Commission may also recommend time limits within which the conditions of
approval shall be fulfilled and the proposed development started and completed.
7. Action by the City Council.
a. Upon the receipt of the report of the Planning Commission, the City Clerk shall set the matter
for public hearing before the City Council. The hearing shall be noticed in compliance with
Chapter 21.64 (Public Hearings).
b. For projects that do not exceed the criteria specified in Subparagraph c., immediately below,
the City Council shall render its decision by resolution after conclusion of the public hearing.
c. The City Council shall render its decision by ordinance after conclusion of the public hearing
for the following types of projects:
1. The project is proposed for development on a site of more than two gross acres in total
area;
2. The project consists of the construction of more than 20,000 square feet of gross floor
area; or
3. The project involves the construction of more than 20 residential units.
d. The City Council shall render its decision after conclusion of the public hearing. The City
Council shall approve the proposed development if it finds that all of the criteria identified in
Subparagraph 4 (Consideration in review of applications), above have been satisfied.
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e. In approving the application, the City Council may require conditions as it deems reasonable,
necessary, and appropriate to secure the purposes of this Zoning Code and the General Plan,
and may require guarantees and evidence that the conditions are being or will be complied
with.
f.
The City Council may impose time limits within which the conditions shall be fulfilled and
the proposed development started and completed.
8. Notification of decision. The Secretary of the Planning Commission shall give written
notification of the decision of the Community Development Director and/or the Planning
Commission, and the City Clerk shall provide written notification of the City Council's decision
to the applicant. In the case of approval, the notification shall include all conditions of approval.
9. Right of appeal. Any person aggrieved by the decision of the Community Development Director
and/or Planning Commission may appeal within 10 days of the date of decision in compliance
with Chapter 21.62 (Appeals).
10. Expiration, extension, and reinstatement.
a. Unless otherwise approved, within 24-months from the date approval is granted, a Building
Permit shall be obtained or the approval shall be void.
b. The review authority may extend the expiration date or reinstate an expired approval.
21.12.040 - P-F (Public Facilities) Zoning District
A.
Purpose. The P-F zoning district is intended for the construction, use, and occupancy of
educational, governmental, and public utility structures and facilities, and other uses compatible
with the semipublic character of the zoning district.
B.
General Plan. The P-F zoning district is consistent with the Institutional land use designation of
the General Plan.
C.
Uses allowed with Site and Architectural Review. The following uses are allowed, subject to the
approval of a Site and Architectural Review Permit in compliance with Chapter 21.42 (Site and
Architectural Review), except where exempt:
1. Structures and facilities owned, leased, or operated (whether in a governmental or proprietary
capacity) by the City, the County, the State, the Federal government, any public school district,
or any other public district within the City.
D.
Uses allowed with a Conditional Use Permit. The following uses are allowed, subject to the
approval of a Conditional Use Permit in compliance with Chapter 21.46 (Conditional Use Permits):
1. Caretaker or employee housing. (Not to exceed 640 square feet in total floor area and one
bedroom, in conjunction with an approved conforming use for the purpose of providing security
and/or 24-hour service. The architecture shall be integrated into and be compatible with the
architecture of the approved conforming use.);
2. Electric distribution substations;
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3. Hospital, rest home, or convalescent hospital;
4. Public assembly uses;
5. Public service structures and accessory uses;
6. Public utility structures and service facilities;
7. Schools other than public.
E.
Uses prohibited. The following uses are prohibited in the P-F zoning district:
1. Storage of commercial or industrial vehicles, except for the purpose of loading or unloading;
2. Storage of equipment, materials, or supplies for commercial or industrial purposes.
F.
Development standards.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-15 (General
Development Standards - P-F Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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Development Feature P-F
Minimum Parcel Size 6,000 square feet
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required The minimum front yard, side yards, and rear yard required in this
(Front, Sides, Rear): zoning district shall be equal to those required in the most
restrictive abutting zoning district. The Planning Commission may
modify such setbacks when it is found to be necessary to maintain
the purpose of the P-F zoning district.
Maximum Height Limit The maximum height of a building shall be equal to that required in
the most restrictive abutting zoning district. The Planning
Commission may allow higher structures provided that one-half
foot shall be added to each yard for each foot that the structure
exceeds the maximum height.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
See Section 21.26.020 (Landscaping Requirements for Individual
Landscaping Zoning Districts)
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
TABLE 2-15
GENERAL DEVELOPMENT STANDARDS - P-F ZONING DISTRICT
21.12.050 - P-F/O-S (Open Space) Zoning District
A. Purpose. The purpose of the P-F/O-S Zoning District is to protect the public health, safety, and
welfare; to protect and preserve open space land as a limited and valuable resource; to permit a
reasonable use of open space land while at the same time preserving and protecting its inherent open
space characteristics to assure its continued availability as agricultural land, scenic land, recreation
land, conservation, or natural resource land.
It is also the purpose of the P-F/O-S Zoning District to retain land in its near natural state to protect
life and property in the community from the hazards of fire, flood, and seismic activity; and to
implement the open space element of the General Plan of the city.
B. General Plan. The P-F/O-S zoning district is consistent with the Open Space land use designation of
the General Plan.
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C. Allowable uses in the P-F/O-S zoning district. The following uses are allowed in the P-F/O-S
Zoning District:
1. Conservation or use of natural resources;
2. Enjoyment of scenic beauty;
3. Ground water recharge facilities;
4. Production of food or fiber;
5. Protection of man and his artifacts (property, structures, etc.); and
6. Public recreation.
D. Development standards.
New land uses and structures, and alterations to existing uses or structures shall be designed,
constructed, and/or established in compliance with the requirements in Table 2-16 (General
Development Standards - P-F/O-S Zoning District), in addition to the general development standards
(e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards).
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TABLE 2-16
GENERAL DEVELOPMENT STANDARDS - P-F/O-S ZONING DISTRICT
Development Feature P-F/O-S
Minimum Parcel Size 6,000 square feet
Subdivisions All divisions of land into four or more parcels shall be designed on
the cluster principle and shall be designed to minimize roads; to
minimize cut, fill, and grading operations; to locate development in
less rather than more conspicuous areas; and to achieve the purpose
of the P-F/O-S zoning district.
Maximum Floor Area Ratio 0.40
The Planning Commission shall have the authority to increase the
EAR. for a specific use at a specific location when it determines
that circumstances warrant an adjustment.
Setbacks Required The minimum front yard, side yards, and rear yard required in this
(Front, Sides, Rear): zoning district shall be equal to those required in the most
restrictive abutting zoning district. The Planning Commission may
modify such setbacks when it is found to be necessary to maintain
the purpose of the P-F/O-S zoning district.
Maximum Height Limit The maximum height of a building shall be equal to that required in
the most restrictive abutting zoning district. The Planning
Commission may allow higher structures when it is found to be
necessary to maintain the purpose of the P-F/O-S zoning district.
Accessory Structures See Section 21.36.020 (Accessory Structures)
Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens)
Screens
Motor Vehicle Parking See Chapter 21.28 (Parking and Loading)
Signs See Chapter 21.30 (Signs)
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CHAPTER 21.14 - OVERLAy/COMBINING DISTRICTS
Sections:
21.14.010 - Purpose of Chapter- Applicability
21.14.020 - H (Historic Preservation) Overlay/Combining Zoning District
21.14.030 - 0 (Overlay) Overlay District
21.14.010 - Purpose of Chapter- Applicability
A. Purpose. This Chapter provides guidance for development and new land uses in addition to the
standards and regulations of the primary zoning district, where important area, neighborhood, or site
characteristics require particular attention in project planning.
B. Applicability. The applicability of any overlay zoning district to specific sites is illustrated by the
overlay Zoning Map symbol established by Section 21.04.020 (Zoning Districts Established). The
provisions of this Chapter apply to development and new uses in addition to all other applicable
requirements of this Zoning Code. In the event of any conflict between the provisions of this Chapter
and any other provision of this Zoning Code, this Chapter shall control.
21.14.020 - H (Historic Preservation) Overlay/Combining Zoning District
A. Creation. There is hereby created an "H" overlay/combining zoning district for the purpose and
intent of identifying, protecting, and preserving the historic and/or cultural resources of the City.
B. Public policy. It is hereby declared as a matter of public policy that the enhancement, perpetuation,
preservation, recognition, and use of areas, natural features, sites, and structures within the City
having aesthetic, archaeological, architectural, cultural, or historic, significance is required in the
interest of the cultural enrichment, economic prosperity, health, and general welfare of the people.
C. Purpose. The purpose of this Subsection is to:
1. Safeguard the heritage of the City by providing for the protection of landmarks representing
significant elements of its history;
2. Enhance the visual character of the City by encouraging and regulating the compatibility of
architectural styles within Historic Districts reflecting unique and established architectural
traditions;
3. Foster public appreciation of a civic pride in the beauty of the City and the accomplishments of
its past;
4. Strengthen the economy of the City by protecting and enhancing the City's attractions to
residents, tourists, and visitors;
5. Stabilize and improve property values within the City;
6. Promote the private and public use of Landmarks and Historic Districts for the education,
prosperity, and general welfare of the people;
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7. Encourage the preservation of existing culturally and historically significant structures as well as
landmark features on structures and sites; and
8. Retain the established building patterns and architectural and cultural heritage of the community.
D. Definitions. As used in this Section, the following terms shall have the following meanings unless
otherwise indicated from the context:
Aesthetic, architectural, cultural, or historical interest, resource, or value. A quality that derives
from, is based upon, or relates to any of the following factors:
1. Identification or association with eras, events, or persons that have contributed to local, regional~
State, or Federal history in a distinctive, important, or significant manner;
2. Identification as, or association with, a distinctive, important, or significant work or vestige:
a. Of an architectural design, method, or style of construction;
b. Of a notable architect, artist, builder, or craftsman;
c. Of a high artistic merit;
d. The totality of which comprises a distinctive, important, or significant work or vestige whose
component parts may lack the same attributes; or
e. That has yielded, or is substantially likely to yield, information of value about aesthetics,
architecture, culture, or history, or that provides for existing and future generations an
example of the physical surroundings in which past generations lived or worked. The factor
of age alone does not necessarily confer a special aesthetic, architectural, cultural, or
historical value of interest upon a structure or site, but it may have an effect if a more
distinctive, important, or significant example thereof no longer exists.
Historic Resource. Any property that is listed on the City's Historic Resources Inventory.
Landmark. Any designated place having a special aesthetic, architectural, cultural, engineering, or
historical value or interest and being either or any of the following:
1. An individual structure or portion thereof, or a natural feature;
2. An integrated group of structures on a single parcel;
3. A place designated as a landmark by City ordinance; or
4. Any combination of the above.
Place. Any area or any portion thereof, including anything, element, or fixed object thereon, whether
manmade or natural.
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Preservation. The conservation, enhancement, perpetuation, protection, reconstruction,
rehabilitation, repair, restoration, or other action, taken to conserve, prevent, or repair the
deterioration, destruction, or removal of a historic resource.
Structure. Anything directly or indirectly fixed or attached to the ground, which is built or
constructed by man. A "structure" includes buildings, building appendages (e.g., awnings, canopies,
lighting, and marquees), edifices, fences, fountains, kiosks, signs, and walks.
E. Historic Preservation Board. There is hereby created a Historic Preservation Board.
F. Membership. The Historic Preservation Board shall consist of five voting members who shall be
residents of the City, or of the City's sphere of influence, subject to the following conditions:
1. Appointed by City Council. Each member shall be appointed by the City Council.
2. Recommended for appointment. Two of the Historic Preservation Board members shall be
recommended for appointment by the Planning Commission, two shall be recommended for
appointment by the Civic Improvement Commission, and one shall be appointed directly by the
City Council.
3. Interest in historic preservation. Each member shall have demonstrable interest or expertise in
historic preservation.
4. Absence from meetings. If a member is absent from three consecutive meetings, unless by
permission of the Historic Preservation Board, or ceases to be a resident of the City, or the City's
sphere of influence, the member's seat shall be considered vacant.
5. Serves at the pleasure of the City Council. A Historic Preservation Board member serves at the
pleasure of the City Council and may be removed upon a majority vote of the City Council.
G. Term of office. The Mayor, with the approval of the City Council, shall appoint the first Chairperson
from among the members, subject to the following conditions:
1. Chairperson. The term of office of the Chairperson shall be for the calendar year, or that portion
remaining after the appointment or election. When there is a vacancy in the position of
Chairperson, the Historic Preservation Board shall elect the Chairperson from among its
members.
2. Historic Preservation Board member. The term of office for each member shall be four years,
except that two of the members flfSt appointed shall be designated to serve for a term of two
years, two for a term of three years, and one for a term of four years, so as to provide a continuity
of membership on the Historic Preservation Board. Thereafter, the term of each voting member
shall be four years. An appointment to fill an unexpired term shall be for the remainder of the
unexpired term.
H. Community Development Director's responsibilities. The Community Development Director, or
the Director's designee, shall act as secretary to the Historic Preservation Board and shall be
custodian of its records, prepare official correspondence, and generally supervise the clerical and
technical work of the Historic Preservation Board in administering this Section. The Community
Development Director, or the Director's designee, shall assist and staff the Historic Preservation
Board.
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I. Duties of the Historic Preservation Board. The Historic Preservation Board shall have the power
and duty to:
1. Implement historic preservation. Recommend measures to implement historic preservation to
the City Council, and advisory commissions;
2. Administer this Section. Administer the provisions of this Section;
3. Other advisory functions. Perform other advisory functions as may be delegated from time to
time to the Historic Preservation Board by the City Council.
4. Review new policies. Review new policies affecting historical resources in the community.
J. Designation of landmarks. The board, in compliance with the procedures identified in this
Subsection, may recommend to the City Council the designation of a landmark for an individual
structure or other feature, or group of structures on a single parcel or site, or a site having special
aesthetic, architectural, cultural, or engineering interest or value of an historical nature.
1. Description of the landmark. Each designation shall include a description of the characteristics
of the landmark, which justify the designation and consequent benefits to the public, which will
be derived from its preservation. There shall be a description of the particular features that
should be preserved, and the legal description of the landmark site.
2. Amending or rescinding of a landmark. The Historic Preservation Board may, at any time,
recommend to the City Council the amending or rescinding of a landmark designation in
compliance with the same procedures identified in this Section for original designation.
K. Review criteria. In matters where designating a landmark or Historic District are involved, the
Historic Preservation Board and the City Council shall consider the following criteria as guides in
making its determination:
1. Historical and cultural significance.
a. It exemplifies or reflects special elements of the City's aesthetic, architectural, cultural,
economic, engineering, political, or social history;
b. It is identified with persons or events significant in local, State, or Federal history;
c. It embodies distinctive characteristics of a method, period, style, or type of construction, or is
a valuable example of the use of indigenous materials or craftsmanship; or
d. It is representative of the notable work of an architect, builder, or designer.
2. Architectural, engineering, and historical significance.
a. The construction materials or engineering methods used in the proposed landmark are
unusual or significant or uniquely effective; or
b. The overall effect of the design of the proposed landmark is unIque, or its details and
materials are unique, or unusual.
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3. Neighborhood and geographic setting.
a. It materially benefits the historic character of the neighborhood;
b. Its location represents an established and familiar visual feature of the neighborhood,
community, or City;
c. It is a geographically definable area, urban or rural, possessing a significant concentration or
continuity of objects, sites, or structures unified by past events, or aesthetically by plan of
physical development; or
d. The collective value of the historic district taken together may be greater than the value of
each individual structure.
L. Historic Resources Inventory. The Historic Resources Inventory is a list of potentially valuable
historic resources in the City. The purpose of the Inventory is to identify structures that contribute to
the character of a neighborhood and the City, and may warrant preservation. Specifically, the
Inventory can be used to:
1. Community's character. Identify properties that contribute to the community's character, or
that of its neighborhoods, or that illustrate its architectural and historical development, and as a
result deserve consideration in planning.
2. Community's past. Identify properties or areas whose study may provide information about the
community's past.
3. Establish priorities. Establish priorities for conservation, rehabilitation, and restoration efforts
within the community.
4. Protection of historic resources. Provide the basis for using legal and financial tools to protect
and enhance historic resources.
5. Database for new development. Provide the Community Development Department with a
database from which to monitor and channel new development.
6. Increase awareness. Increase awareness in the public and private sectors of the manmade
environment and the need for preservation efforts.
7. Review responsibilities. Enable the City and Federal agencies to meet their planning and review
responsibilities under existing Federal legislation and procedures.
M. Procedures for designation of a landmark.
1. Initiation of designation. Designation of landmarks may be initiated by the City Council, Civic
Improvement Commission, Planning Commission, or on application of the owners, or their
authorized agents, of the property for which designation is proposed.
2. Required information. Any proposal shall be filed with the Community Development
Department on the prescribed form and shall include the following information:
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a. Assessor's parcel number of the site;
b. Description detailing the proposed landmark's special aesthetic, architectural, cultural, or
engineering interest or value of an historic nature;
c. Drawings, photographs, sketches, or other descriptive material;
d. Statement of the condition of the structure;
e. Other information requested by the Historic Preservation Board.
3. Consideration at a public hearing. Each proposal shall be considered by the Historic
Preservation Board at a public hearing, conducted in compliance with Chapter 21.64 (Public
Hearings). The Historic Preservation Board may continue the hearing, but not to exceed 30 days
from the date originally set for the hearing. A record of pertinent information presented at the
hearing shall be maintained as a permanent public record.
4. Notice requirements. Notice of the time, place, and purpose of the hearing shall be given by the
secretary in a local newspaper not less than 10 days before the date of hearing and by mail to the
owners and occupants of the property, in compliance with Chapter 21.64 (Public Hearings). The
applicant shall be notified during each phase of the review process. The secretary shall
consolidate noticing procedures and give additional notice as may be deemed desirable and
practicable.
5. Historic Preservation Board's action to deny designation. The Historic Preservation Board
may deny a proposal for designation and the decision shall be final unless the applicant or another
interested party files an appeal to the City Council in writing, within 10 days of the Historic
Preservation Board's decision, in compliance with Chapter 21.62 (Appeals).
6. Findings for denial of designation. Before recommending denial of an application for
designation, the Historic Preservation Board shall find:
a. The proposed landmark, or group of structures, or features thereof, does not possess
significant aesthetic, architectural, cultural, or engineering interest or value of an historical
nature;
b. An undue hardship has been demonstrated by the owner of the property proposed for
designation; or
c. Denial of the application is consistent with the purposes and criteria of this Section.
7. City Council's consideration of an appeal. The City Council shall consider the appeal at the
next earliest regular meeting, consistent with the agenda preparation procedures and schedules for
the meetings. The City Council may approve, deny, or modify a recommendation of the Historic
Preservation Board. Upon overruling the Historic Preservation Board's decision, the City Council
shall refer the application for designation to the Planning Commission for review.
8. Historic Preservation Board's action to approve designation. The Historic Preservation
Board shall recommend to the Planning Commission and City Council applications which are
recommended for approval or modified approval after consideration of the criteria identified in
Subsection K. (Review criteria), above.
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9. Findings for approval of designation. Before recommending approval, or modified approval,
the Historic Preservation Board shall find:
a. The proposed landmark, or group of structures, or features thereof, does possess significant
aesthetic, architectural, cultural, or engineering interest or value of an historical nature;
b. An undue hardship has not been demonstrated by the owner of the property proposed for
designation; or
c. Approval of the application is consistent with the purposes and criteria of this Section.
10. Referral of decision to the Civic Improvement Commission. After making its
recommendation, the Historic Preservation Board shall refer a copy of its decision to the Civic
Improvement Commission as an informational item.
11. Planning Commission's consideration of a Zoning Map amendment.
a. After receiving a recommendation from the Historic Preservation Board or the City Council,
the Planning Commission shall hold a public hearing to consider a Zoning Map amendment
for historic designation at the next earliest regular meeting, consistent with the agenda
preparation procedures and schedules for the meetings.
b. Notice of the time and place of the hearing shall be given by one publication in a newspaper
of general circulation in the City at least 10 days before the hearing, in compliance with
Chapter 21.64 (Public Hearings).
c. The Planning Commission shall consider the report of the Historic Preservation Board and
shall consider the conformance, or lack of conformance, of the proposed designation with the
purpose identified in Subsection C. (Purpose), above and the General Plan.
d. The Planning Commission shall forward its recommendations and comments to the City
Council to be considered simultaneously with the recommendations of the Historic
Preservation Board.
12. City Council public hearing required.
a. After receiving a recommendation from the Planning Commission and the Historic
Preservation Board, the City Council shall hold a public hearing at the next earliest regular
meeting, consistent with agenda preparation procedures and schedules for the meetings.
b. The City Clerk shall give notice of the time and place of the hearing by one publication in a
newspaper of general circulation in the City, at least 10 days before the hearing, in
compliance with Chapter 21.64 (Public Hearings).
13. City Council's action on designation. The City Council may approve, deny, or modify the
recommendations of the Historic Preservation Board and/or Planning Commission on a
designation.
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14. City Council findings required. Before the approval or modified approval of the designation,
the City Council shall make those findings identified in Subsection K. (Review criteria), above.
15. Secretary's letter. After approval of the designation of a landmark by the City Council, the
secretary shall mail a letter, to the owner of the subject property, outlining the basis for the
designation, and the regulations that result from the designation. The secretary shall also forward
a copy of the letter to all City departments and to any other agency requesting notice or that the
secretary considers affected by the designation.
16. Filing with County Recorder. The designation of a landmark shall be filed with the County
Recorder.
N. Procedure for designation of Historic Districts.
1. Initiation of designation. Designation of a Historic District may be initiated by the City
Council, the Planning Commission, the Civic Improvement Commission, or an application of the
property owner(s) or their authorized agents, who own 60 percent of the number of individual
parcels to be included in the proposed district.
2. Required information. Any initiation shall be filed with the Community Development
Department on the prescribed forms and shall include the following information:
a. Statement of the district's special aesthetic, architectural, cultural, or engineering interest or
value of a historic nature;
b. Drawings, photographs, sketches, or other descriptive material; and
c. Other information requested by the Historic Preservation Board and Planning Commission.
3. Consideration at a public hearing. The application to designate a Historic District shall be
referred to the Historic Preservation Board for review as to conformance with the purposes and
criteria of this Section and a report made to the Planning Commission. The Historic Preservation
Board shall hold a public hearing in compliance with Subparagraph M. 4. (Notice requirements),
above.
4. Historic Preservation Board's action to deny designation. Upon making the required findings,
the Historic Preservation Board may deny a proposal for designation, and the decision shall be
final unless the applicant or other interested party files an appeal to the City Council in writing
within 10 days of the decision, in compliance with Chapter 21.62 (Appeals).
5. Historic Preservation Board's action to approve designation. The Historic Preservation
Board shall recommend to the Planning Commission and City Council applications which are
recommended for approval or modified approval after consideration of the criteria identified in
Subsection K. (Review criteria), above.
6. Planning Commission's consideration of Historic Preservation Board's recommendation.
a. After receiving a recommendation from the Historic Preservation Board, the Planning
Commission shall hold a public hearing at the earliest next regular meeting, consistent with
agenda preparation procedures and schedules for the meetings.
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b. The hearing shall be held in compliance with Subparagraph M. 4. (Notice requirements),
above and the Planning Commission shall recommend approval, denial, or modified approval
of the proposal as provided therein.
c. The Planning Commission shall consider the report of the Historic Preservation Board and
shall consider the conformance, or lack of conformance, of the proposed designation with the
criteria and purpose identified in Subsection C. (Purpose), above and the General Plan.
d. A record of pertinent information presented at the hearing shall be made and maintained as a
perrnanentrecord.
7. Planning Commission's recommendation to the City Council. The Planning Commission
shall transmit the application and its recommendations and comments to the City Council to be
considered simultaneously with the recommendations of the Historic Preservation Board.
8. City Council's action on designation. The City Council shall hold a public hearing within 30
days of receipt of the Planning Commission's recommendation. The City Council may approve,
modify, or deny the proposed designation. Approval, or modification and approval of the
designation shall be upon adoption of an ordinance creating the specific historic district.
9. Subject to applicable regulations. The property included in any designation shall be subject to
the regulations identified in this Section and any further controls specified in the designating
ordinance.
10. Secretary's letter. After approval of the designation of a an Historic District by the City
Council, the secretary shall mail a letter, to the owner of the subject property, outlining the basis
for the designation, and the regulations that result from the designation. The secretary shall also
forward a copy of the letter to all City departments and to any other agency requesting notice or
that the secretary considers affected by the designation.
11. Filing with County Recorder. The designation of an Historic District shall be filed with the
County Recorder.
O. Procedure for change of use in a landmark or in a Historic District.
1. Conditional Use Permit required. A change of use in a landmark or in an Historic District shall
require approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional Use
Permits).
2. Required information. Any initiation shall be filed with the Community Development
Department on the prescribed forms, and shall include the following information:
a. Statement of the propertie(s) special aesthetic, cultural, architectural, or engineering interest,
or value of an historic nature;
b. Drawings, photographs, or other descriptive material; and
c. Other information requested by the Historic Preservation Board and the Planning
Commission.
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3. Additional fIling requirements. An application for the Conditional Use Permit filed with the
Community Development Department shall contain the following additional information:
a. A plan showing the relation of the proposed work to surrounding structures;
b. Alterations required for the change of use;
c. Other information deemed necessary; and
d. Applicable fees, in compliance with the City Council's Fee Resolution.
4. Referral to Historic Preservation Board. The application shall be referred to the Historic
Preservation Board for review and report to the Planning Commission and City Council.
5. Historic Preservation Board considerations.
a. The Historic Preservation Board, in considering the appropriateness of the application shall
consider, among other things, the purposes of this Section and the architectural and historic
value and significance of the landmark or the Historic District.
b. The Historic Preservation Board shall also consider the material and texture of the structure
in question or its appurtenant fixtures, including fences, landscaping, parking, signs, site plan,
and the relationship of the features to similar features of other structures within an Historic
District, and the position of the structure in relation to the street or public way and to other
neighboring structures.
6. Historic Preservation Board's action to deny change. The Historic Preservation Board may
deny a proposal for a change of use, and the decision shall be final unless the applicant or other
interested party makes an appeal to the City Council in writing within 10 days of the decision, in
compliance with Chapter 21.62 (Appeals).
7. Historic Preservation Board's action to approve change. Before recommending approval or
modified approval, the Historic Preservation Board shall make the following findings:
a. The action proposed is consistent with the purposes of this Section; and
b. The action proposed will not be detrimental to a structure or feature of significant aesthetic,
architectural, cultural, or engineering interest or value of an historical nature; or
c. The applicant has demonstrated that denial of the application will result in immediate and
substantial hardship in compliance with Subsection X. (Showing of hardship in cases of
proposed material change), below.
8. Planning Commission's action on change. The Planning Commission shall conduct a public
hearing within 30 days. At the hearing, the Planning Commission shall consider the report of the
Historic Preservation Board and may approve, modify, or deny the application.
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9. Findings for approval of change. Before approval or modified approval, the Planning
Commission shall make those findings identified in Subparagraph O. 7. (Historic Preservation
Board's action to approve change), above.
10. Appeal to City Council. The applicant shall have the right of appeal to the City Council, in
compliance with Chapter 21.62 (Appeals).
P. Procedure to authorize construction, demolition, relocation, or material change on a designated
landmark or in a Historic District.
1. Conditional Use Permit required. Any exterior change in any structures, through alteration or
construction, which is determined by the Community Development Director to be inconsistent
with the architectural style and character of the structure(s) in an Historic District, shall require
the granting of a Conditional Use Permit as identified in this Section.
2. Conditional Use Permit required. Any exterior change in a Landmark, through alteration or
construction shall require review and recommendation by the Historic Preservation Board and the
granting of a Conditional Use Permit by the Planning Commission, in compliance with Chapter
21.46 (Conditional Use Permits).
3. Review for demolition or relocation required. Demolition or relocation of a designated
landmark or a structure in an Historic District shall require review by the Historic Preservation
Board and the granting of a Conditional Use Permit by the Planning Commission, in compliance
with Chapter 21.46 (Conditional Use Permits).
4. Required information. An application for a Conditional Use Permit shall be filed with the
Community Development Department on the prescribed form, and shall contain the following
information:
a. A clear statement of the proposed work;
b. Plans describing the appearance, height, and size of the proposed work;
c. A site plan showing all existing structures and the proposed work;
d. Where the application is for demolition, the necessity for demolition shall be justified;
e. Other information deemed necessary by the Historic Preservation Board and the Planning
Commission; and
f.
Applicable fees, in compliance with the City Council's Fee Resolution.
5. Referral to Historic Preservation Board. After receiving an application for a Conditional Use
Permit, the Community Development Department shall refer the application to the Historic
Preservation Board.
6. Historic Preservation Board considerations.
a. The Historic Preservation Board, in considering the appropriateness of the application shall
consider, among other things, the purposes of this Section and the architectural and historical
value and significance of the landmark or Historic District.
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b. The Historic Preservation Board shall also consider the architecture and materials of the
structure in question or its appurtenant fixtures, including fences, landscaping, parking, signs,
site plan, and the relationship of the features to similar features of other structures within an
Historic District, and the position of the structure in relation to the street or public way and to
other neighboring structures.
7. Historic Preservation Board's recommendation on a Conditional Use Permit. In the case of
an application for a Conditional Use Permit, the Historic Preservation Board may recommend any
one of the following actions to the Planning Commission:
a. Approval of the application as presented;
b. Approval of the application subject to modifications as the Historic Preservation Board finds
reasonable and necessary to cause the application to conform to the purposes of this Section;
or
c. Denial of the application.
8. Historic Preservation Board findings required. Before making any recommendation for
approval or modified approval of a Conditional Use Permit, the Historic Preservation Board shall
find that:
a. The action proposed is consistent with the purposes of this Section; and
b. The action proposed is consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings; and
c. The action proposed will not be detrimental to a structure or feature of significant aesthetic,
architectural, cultural, or engineering interest or value of an historical nature; or
d. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or
dangerous condition on the property in compliance with Subsection U. (Unsafe or dangerous
conditions), below; or
e. The applicant has demonstrated that the denial of the application will result in immediate or
substantial hardship in compliance with Subsection X. (Showing of hardship in cases of
proposed material change), below.
9. Planning Commission's action on Conditional Use Permit. The Planning Commission may
continue action on Conditional Use Permits for two meetings, not to exceed 65 days from the date
of the first noticed public hearing, for purposes of reaching a mutually acceptable solution in
keeping with the criteria of this Section. If, at the end of that time, an acceptable solution has not
been achieved, the application shall be finally granted or denied.
10. Distribution of copies of Conditional Use Permit. Upon approval of an application for either a
Conditional Use Permit, the Planning Commission shall issue the applicable permit, a copy of
which shall be forwarded to the applicant, one copy of which shall be retained in the files of the
Community Development Department, and one copy of which shall be forwarded to the Building
Official.
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11. Appeal to City Council. The applicant shall have the right of appeal to the City Council, in
compliance with Chapter 21.62 (Appeals).
12. Ordinary maintenance or repair. Nothing in this Section shall be construed to prevent the
ordinary maintenance or repair of structures as identified in Subsection V. (Ordinary maintenance
and repair), below.
Q. Procedure to authorize a change in use, construction, demolition, relocation, or material change
to a structure listed on the Historic Resources Inventory.
1. Referral to Historic Preservation Board. The Community Development Department shall
maintain a current record of properties on the Historic Resources Inventory. When the Building
Official or Community Development Director receive a development application that affects or
involves a historic resource, the application shall be referred to the Historic Preservation Board
during pre-application review and at the time of formal application.
2. Historic Preservation Board recommendation required. Any change in exterior appearance of
a structure listed on the Historic Resources Inventory through alteration or construction, which is
determined by the Community Development Director to be inconsistent with the architectural
style and character of the structure(s) without review by the Historic Preservation Board, shall
require review and recommendation by the Historic Preservation Board before the granting of a
Development or Building Permit.
3. Historic Preservation Board review required for proposed demolition. The proposed
demolition of a structure listed on the Historic Resources Inventory shall require review by the
Historic Preservation Board.
a. The Historic Preservation Board, in considering the appropriateness of the application shall
consider among other things the purposes of this Section and the architectural and historical
value and significance of the structure.
b. The Historic Preservation Board may request that a site visit be allowed so that the condition
of the structure may be known. Additional submittal requirements may include a report from
a structural engineer and an estimate of the cost of bringing the structure up to current
Building and Fire Codes for occupancy.
c. The Historic Preservation Board may recommend anyone of the following actions to the
Building Official:
1. Approve the demolition application as presented; or
2. Approve the demolition application with voluntary recommended actions that could
include, but are not limited to:
a. Offering the structure to a party interested in retaining the structure and moving it
from its current location.
b. Offering the structure for salvage if it is not able to be retained in some capacity.
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3. Continue the application. The Historic Preservation Board may continue action on a
demolition application for a maximum of 30 days.
4. Historic Preservation Board's recommendation to Planning Commission. In the case of an
application for a Development Permit for a property listed on the Historic Resources Inventory,
the Historic Preservation Board may recommend anyone of the following actions to the Planning
Commission:
a. Approve the application as presented;
b. Approve the application subject to modifications as the Historic Preservation Board finds
reasonable and necessary to cause the application to conform to the purposes of this Section;
or
c. Deny the application.
5. Right of appeal. The applicant shall have the right of appeal, in compliance with Chapter 21.62
(Appeals).
6. Ordinary maintenance or repair. Nothing in this Section shall be construed to prevent the
ordinary maintenance or repair of structures as identified in Subsection V. (Ordinary maintenance
and repair), below.
R. Appeal of demolition of designated landmarks.
1. Failure to act on appeal within 180 days. If an appeal is made on an application for a
Conditional Use Permit to demolish a designated landmark, the City Council may continue action
on the appeal for a period of up to 180 days from the date of its public hearing or longer if
agreeable to the owner. If the City Council fails to act in this period of up to 180 days, the
application shall be deemed to have been approved.
2. Steps to preserve the structure. During this period, the City Council, with the advice and
assistance of the Historic Preservation Board, may take steps as it determines are reasonable and
necessary to preserve the subject structure in compliance with the purposes of this Section. The
steps may include consultations with civic groups, public agencies, and interested citizens,
recommendations for acquisition of the property by public or private bodies or agencies, and
exploration of the possibility of moving one or more structures or other features.
S. Advice and guidance to property owners. The Historic Preservation Board may, upon request of
the property owner, render nontechnical advice on proposed work on a designated landmark structure,
or in an Historic District which does not require a Conditional Use Permit. In rendering the advice
and guidance, the Historic Preservation Board shall be guided by the purposes and criteria in this
Section. This Subsection shall not be construed to impose any regulations or controls upon any
property.
T. Conformance requirement. Issuance of a permit in conformance with this Section shall not alter
conformance requirements with the other standards and requirements of this Zoning Code or those of
the Building and Fire Codes.
U. Unsafe or dangerous conditions. Nothing in this Section shall be construed to prevent any measures
of alteration, construction, demolition, relocation, or removal necessary to correct the unsafe or
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dangerous condition of any structure, other feature or part thereof where the condition has been
declared unsafe or dangerous by the Building Official or the Fire Chief after informing the Historic
Preservation Board when the structure is a landmark or an Historic District, and where the proposed
measures have been declared necessary by the Building Official to correct the condition. Only work
that is necessary to correct the unsafe or dangerous condition may be performed in compliance with
this Section. In the event any structure or other feature is involuntarily damaged by fire or other
calamity, the City Manager or Building Official may authorize, before the Historic Preservation
Board's review, the repair necessary to correct an unsafe condition(s).
V. Ordinary maintenance and repair. Nothing in this Section shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural feature in or on any property covered by
this Section that does not involve a change in design, material, or external appearance thereof, nor
does this Section prevent the alteration, construction, demolition, reconstruction, removal, or
restoration of any feature when the Building Official certifies to the Historic Preservation Board that
the action is required for the public safety due to an unsafe or dangerous condition which cannot be
rectified through the use of the California Historical Building Code.
W. Duty to keep in good repair. The owner, occupant, or other person in actual charge of a designated
historic or cultural resource, or an improvement or structure in an Historic District shall keep in good
repair all of the exterior portions of the improvement or structure, and all interior portions thereof
whose maintenance is necessary to prevent deterioration and decay of any exterior architectural
feature. It shall be the duty of the Building Official to enforce this Subsection.
X. Showing of hardship in cases of proposed material change. The Historic Preservation Board may
recommend approval of a Conditional Use Permit to carry out construction, demolition, material
change, or relocation of a landmark or in an Historic District, if the applicant presents facts clearly
demonstrating to the satisfaction of the Historic Preservation Board at the public hearing that failure
to receive the approval will cause an immediate and substantial hardship. If hardship is found to exist
under this Subsection, the Historic Preservation Board shall make a written finding to that effect, and
shall also specify in writing the facts relied upon in making the finding.
Y. Fees.
1. No fee for landmark designation. There shall be no fee required of an applicant who wishes to
have their property considered for designation as a landmark.
2. Conditional Use Permit fee required. The fee for consideration of a Conditional Use Permit
application shall be in compliance with the City Council's Fee Resolution.
Z. "H" (Historic) Overly/Combining District.
1. Purpose. The purpose and intent of the "H" overlay/combining zoning district is to provide a
means to preserve and enhance areas of architectural, engineering, and historic significance
located within the City. The "H" overlay/combining zoning district shall be used in general
accord with the policies and principles of the General Plan, and is consistent with the purpose and
criteria of this Section, as identified in Subsections C. (Purpose) and K. (Review criteria), above.
2. Designation. The "H" overlay/combining zoning district may be combined with any base zoning
district provided for in this Zoning Code, in compliance with the amendment procedures
identified in Chapter 21.60 (Amendments). When established, the "H" overlay/combining zoning
district shall be shown on the Zoning Map following the zoning district designation with which it
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is combined, (e.g., R-I-H, R-2-H, R-3-H, etc.) When so designated, all development within the
"H" overlay/ combining zoning district shall be subject to the provisions of this Section.
3. Allowed uses. The principal, accessory, and conditional uses in the "H" overlay/ combining
zoning district shall be the same as those of the base zoning district with which it is combined.
4. General provisions. When the "H" overlay/combining zoning district is applied, the general
provisions of this Section as well as those of the base zoning district with which the "H" district is
combined, shall apply. Where a conflict occurs, the provisions identified in this Section shall
apply.
21.14.030 - 0 (Overlay) Overlay/Combining Zoning District
A. Purpose. The purpose of the Overlay district is to provide modifications, additions and limitations to
zoning districts to meet special conditions and situations concerning properties within such zoning
districts that cannot otherwise be treated satisfactorily. The "0" Overlay district may be combined
with any of the zoning districts designated in the zoning code except the R-I, P-D and C-PD zoning
districts.
The addition of an overlay district designated with any zoning district shall not operate to reduce or
eliminate any requirements established by the basic district regulations, regulations applicable to all
districts, or other requirements contained in this chapter applicable to any district with which the
overlay district is added except variations to lot area, lot width, open space in yard, height and
parking space requirements.
B. Conditional Use Permit Required. No building, structure or use shall be created, established,
erected, constructed, enlarged, placed or installed in any zoning district with which the Overlay
district is combined until a Conditional Use Permit is issued in conformance with the provisions of
Chapter 21.46 (Conditional Use Permits).
C. Consideration in review of applications. The Community Development Director, Site and
Architectural Review Committee and Planning Commission shall consider the following matters and
others when applicable to their review of development applications:
1. Considerations relating to traffic safety, traffic congestion, and site circulation:
a. The effect of the site development plan on traffic conditions on abutting streets;
b. The layout of the site with respect to locations and dimensions of vehicular and pedestrian
entrances, exit driveways and walkways;
c. The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;
d. The location, arrangement and dimensions of truck loading and unloading facilities;
e. The circulation patterns within the boundaries of the development; and
f.
The surfacing and lighting of off-street parking facilities.
2. Considerations relating to landscaping:
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a. The location, height and material of walls, fences, hedges, and screen plantings to insure
harmony with adjacent development or to conceal storage areas, utility installations or other
unsightly development;
b. The planting of ground cover or other surfacing to prevent dust and erosion; and
c. The unnecessary destruction of existing healthy trees.
3. Considerations relating to buildings and site lay-out:
a.
Consideration of the general silhouette and mass, including location on the site, elevations
and relation to natural plant coverage, all in relationship to the neighborhood;
b.
Consideration of exterior design in relation to adjoining structures in height, bulk, and area
openings, breaks in the facade facing on the street, line and pitch of roof, and arrangement of
structures on the parcel; and
c.
Consideration of special conditions and situations concerning the property and the adjoining
properties.
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ARTICLE 3
DEVELOPMENT AND OPERATIONAL STANDARDS
Chapter 21.16 - General Performance Standards ...........................................................................................5
21.16.010 - Purpose of Chapter ....................................................................................................................... 5
21.16.020 - Applicability ....................................,............................................................................................5
21.16.030 - Evaluation of Proposed Projects................................................................................................... 5
21.16.040 - Air Quality.......... .."..... ....................... ........................................... ............. ................................. 6
21.16.050 - Electrical Interference ..................................................................................................................6
21.16.060 - Outdoor Light and Glare """""""""""""""""""""""""""""""""""""""""""""""""""........ 6
21.16.070 - Noise ............................................................................................................................................6
21.16.080 - Odor........................................................................."................................................................... 9
21.16.090 - Vibration ......................................................................................................................................9
21.16.100 - Water Pollution ......"....................................................................................................................9
21.16.110 - Site Maintenance ..........................................................................................................................9
Chapter 21.18 - Site Development Standards ................................................................................................11
21.18.010 - Purpose of Chapter ...........................,......................................................................................... 11
21.18.020 - Air Conditioning Units ..................................................................................................... .......... 11
21.18.030 - Bicycle and Pedestrian Access Standards .................................................................................. 12
21.18.040 - Conformance with Area Provisions............................................................................................ 12
21.18.050 - Exceptions to Height Provisions ................................................................................................ 13
21.18.060 - Fences, Walls, Lattice, and Screens ...........................................................................................13
21.18.070 - Front Yard Paving ...................................................................................................................... 16
21.18.080 - Hazardous Materials................................................................................................................... 16
21.18.090 - Lighting Design Standards .........................................................................................................17
21.18.100 - Non-Residential Open Space and Recreational Facilities .......................................................... 18
21.18.110 - Refuse and Recycling Storage Areas ......................................................................................... 19
21.18.120 - Screening and Buffering.............................................................................................................20
21.18.130 - Seismic and Geologic Hazards ................................................................................................... 22
21.18.140 - Undergrounding of Utilities ....................................................................................................... 22
Chapter 21.20 - Density Bonus and Affordable Housing Incentives ........................................................... 25
21.20.010 - Purpose.......................................................................................................................................25
21.20.020 - Definitions ..................................................................................................................................25
21.20.030 - Applicability...............................................................................................................................26
21.20.040 - Incentives """"""""""""""""""""""""""""""""'"................................................................ 27
21.20.050 - General Requirements """""""""""""""""""""""""""""""""'"...........................................27
21.20.060 - Requirements for Rental Housing Projects ................................................................................ 28
21.20.070 - Requirements for Owner-Occupied Housing ............................................................................. 29
21.20.080 - Resale Restrictions .....................................................................................................................29
21.20.090 - Application Procedure................................................................................................................ 30
Chapter 21.22 - Flood Damage Prevention....................................................................................................31
21.22.010 - Statutory Authorization, Purpose and Methods.......................................................................... 31
21.22.020 - Definitions..................................................................................................................................32
21.22.030 - General Provisions .....................................................................................................................35
21.22.040 - Administration.................................................................................................................."........ 36
21.22.050 - Provisions for Flood Hazard Reduction ..................................................................................... 37
21.22.060 - Variance Procedure ....................................................................................................................40
Chapter 21.26 - Landscaping Requirements .................................................................................................43
21.26.010 - Purpose.... ........... .................. ................... ....... .............. ........ ............ ............... ........ ................... 43
21.26.020 - Landscaping Requirements for Individual Zoning Districts ...................................................... 43
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21.26.030 - General Landscaping Requirements for All Zoning Districts .................................................... 44
21.26.040 - Landscaping Maintenance Requirements...................................................................................45
21.26.050 - Adjustments to Landscape Requirements ..................................................................................45
Chapter 21.28 - Parking and Loading............................................................................................................ 47
21.28.010 - Purpose ....................................................................................................................................... 47
21.28.020 - Applicability ............................................................................................................................... 47
21.28.030 - General Parking and Loading ..Regulations............................................................................... 47
21.28.040 - Number of Parking Spaces Required ......................................................................................... 48
21.28.050 - Adjustments to Parking Requirements ....................................................................................... 52
21.28.060 - Disabled Parking Requirements ................................................................................................. 53
21.28.070 - Motorcycle and Bicycle Parking ................................................................................................ 53
21.28.080 - Development Standards for Off-Street Parking .........................................................................53
21.28.090 - Driveways and Site Access ........................................................................................................58
21.28.100 - Design of Parking Structures...................................................................................................... 59
21.28.110 - Loading Space Requirements ..................................................................................................... 59
21.28.120 - Recreational Vehicle Parking.....................................................................................................60
Chapter 21.30 - Signs .......................................................................................................................................61
21.30.010 - Purpose.......................................................................................................................................61
21.30.020 - Definitions.................................................................................................................................. 61
21.30.030 - Administrative Procedures .........................................................................................................64
21.30.040 - Exemptions.................................................................................................................................66
21.30.050 - Prohibited Signs ......................................................................................................................... 68
21.30.060 - Number and Surface Area ..........................................................................................,............... 69
21.30.070 - Temporary Signs ........................................................................................................................ 69
21.30.080 - Permanent Signs ......................................................................................................................... 72
21.30.090 - Nonconforming Signs ................................................................................................................ 74
21.30.100 - Maintenance and Repair .........................................................................................".................. 74
21.30.110 - Abatement of Temporary Signs ................................................................................................. 74
Chapter 21.32 - Tree Protection Regulations ................................................................................................ 79
21.32.010 - Purpose....................................................................................................................................... 79
21.32.020 - Definitions................. ........ ........"...................... ........................ ............ ............... ............... ....... 79
21.32.030 - Applicability ...............................................................................................................................81
21.32.040 - Actions Prohibited...................................................................................................................... 81
21.32.050 - Protected Trees........................................................................................................................... 81
21.32.060 - Exemptions................................................................................................................................. 81
21.32.070 - Tree Removal Permit/Application Requirements....................................................................... 82
21.32.080 - Determination on Permit ............................................................................................................ 83
21.32.090 - Approval Authority and Permit Process..................................................................................... 83
21.32.100 - Replacement Trees .....................................................................................................................87
21.32.110 - Site Limitations/In-lieu Fee for Replacement ............................................................................ 88
21.32.120 - Delegation of Functions .............................................................................................................88
21.32.130 - Heritage Tree Designations ........................................................................................................ 88
21.32.140 - Appeals....................................................................................................................................... 89
21.32.150 - Tree Technical Manual.....................................................................""",,""""""""""""""""" 89
21.32.160 - Violations/Penalties .................................................................................................................... 89
21.32.170 - No Liability Upon City .............................................................................................................. 90
Chapter 21.34 - Wireless Telecommunications Facilities ............................................................................. 93
21.34.010 - Purpose.......................................................................................................................................93
21.34.020 - Definitions ........... .............. ........ ............................. ........................ ................ ...... ...................... 93
21.34.030 - Permits Required........................................................................,............................................... 97
21.34.040 - Pre-Application .......................................................................................................................... 98
21.34.050 - Submittal Requirements .............................................................................................................98
21.34.060 - General Standards ....................................................................................................................102
21.34.070 - Location of Wireless Telecommunications Facilities .............................................................. 103
21.34.080 - Preferred Antenna Siting and Mounting Techniques ............................................................... 103
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21.34.090 - Visual........................................................................................................"............................. 103
21.34.100 - LandscapingIVegetation...........................................................................................................104
21.34.110 - Public Safety and Traffic.......................................................................................................... 105
21.34.120 - Noise and Heat and Odor Transmissions ..,.............................................................................. 106
21.34.130 - Minimum Performance Standards ............................................................................................ 106
21.34.140 - Façade Mounted Wireless Telecommunications Facilities ......................................................107
21.34.150 - Roof Mounted Wireless Telecommunications Facilities.......................................................... 108
21.34.160 - Ground Mounted Wireless Telecommunications Facilities ..................................................... 109
21.34.170 - Free-Standing Monopoles """""""""""""""""""""""""""""""""""""""""" .................... 110
21.34.180 - Co-Location of Wireless Telecommunications Facilities......................................................... 111
21.34.190 - Base Transceiver Stations, Equipment Cabinets and Associated Buildings ............................ 111
21.34.200 - Implementation and Monitoring Costs ..................................................................................... 112
21.34.210 - Transfer of Operation ............................................................................................................... 112
21.34.220 - Complaints and Proceedings ..............".................................................................................... 112
21.34.230 - Revocation of Pennit................................................................................................................ 112
Chapter 21.36 - Provisions Applying to Special Uses.................................................................................. 115
21.36.010 - Purpose ........................................................................................ ............................................. 115
21.36.020 - Accessory Structures """""""""""""""""""""""""""""""""""..........................................115
21.36.030 - Beer and Wine Festivals ........................................................................................................... 116
21.36.040 - Caretaker or Employee Housing .............................................................................................. 117
21.36.050 - Cargo Storage Containers.........................................................................................................117
21.36.060 - Child Care Facilities """"""""""""""""""""""""""""""""""""""""""""""""'".............. 118
21.36.070 - Large Family Child Care ..Homes............................................................................................ 119
21.36.080 - Commercial Child Care Centers............................................................................................... 120
21.36.090 - Garage and Private Yard Sales.................................................................................................121
21.36.100 - Hobby Car Restoration ............................................................................................................. 121
21.36.120 - Liquor Stores ............................................................................................................................ 122
21.36.130 - LivefW ork Units....................................................................................................................... 122
21.36.140 - Mixed-Use Development ................................................................,........................................ 124
21.36.150 - Motor Vehicle Repair Facilities ............................................................................................... 125
21.36.160 - Outdoor Seating........................................................................................................................126
21.36.170 - Outdoor Storage .........................................................................."""""""""""""""""""""'" 127
21.36.180 - Pet Clinics ................................................................................................................................ 127
21.36.190 - Public Assembly Uses .....................................................".......................................................128
21.36.200 - Residential Care Facilities........................................................................................................129
21.36.210 - Satellite Dish Antennas ............................................................................................................ 131
21.36.220 - Secondary Dwelling Units........................................................................................................132
21.36.230 - Skateboard Ramps....................................................................................................................133
21.36.240 - Solar Energy Systerns...............................................................................................................135
21.36.250 - Transitional Housing ................................................................................................................135
21.36.260 - Towing Service and Vehicle Dismantling................................................................................136
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.16 - GENERAL PERFO RMAN CE STANDARDS
Sections:
21.16.010 - Purpose of Chapter
21.16.020 - Applicability
21.16.030 - Evaluation of Proposed Projects
21.16.040 - Air Quality
21.16.050 - Electrical Interference
21.16.060 - Outdoor Light and Glare
21.16.070 - Noise
21.16.080 - Odor
21.16.090 - Vibration
21.16.100 - Water Pollution
21.16.110 - Site Maintenance
21.16.010 - Purpose of Chapter
The purpose of this Chapter is to provide a context for uniform performance standards for development
within the City that promotes compatibility with surrounding land uses.
21.16.020 - Applicability
The provisions of this Chapter apply to all new and existing uses in all zoning districts. Existing uses on
the effective date of this Chapter shall not be altered or modified so as to conflict with, or further conflict
with, these standards.
If requested by the Community Development Director, applicants shall provide evidence to the
Community Development Director that the proposed development is in compliance with the standards in
this Chapter and other applicable standards in this Zoning Code before the issuance of a Building Permit
or Business License.
21.16.030 - Evaluation of Proposed Projects
Applicants for nonresidential projects requiring discretionary approval may be required to submit
evidence to help determine whether the project complies or would comply with the provisions of this
Chapter. Required information may include the following:
A. Construction plans. Plans of construction and development;
B. Production plans. A description of the machinery, processes, or products to be used or produced on
the premises;
C. Emission levels. Measurement of the expected amount or rate of emission of any dangerous or
objectionable elements from the premises; and
D. Emission mitigation. Specifications for the mechanisms and techniques used or proposed to be used
in restricting the emission of any dangerous or objectionable elements from the premises.
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21.16.040 - Air Quality
Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the
California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD). If
requested by the Community Development Director, uses, activities, or processes that require Air
Pollution Control District Approval to operate shall file a copy of the permit with the Community
Development Department within 30 days of its approval.
21.16.050 - Electrical Interference
Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that
adversely affect public health, safety, and welfare including interference with normal radio, telephone, or
television reception from off the premises where the activity is conducted.
21.16.060 - Outdoor Light and Glare
Light or glare from mechanical or chemical processes, or from reflective materials used or stored on a
site, shall be shielded or modified to prevent emission of light or glare beyond the property line. The
placement of outdoor lights shall eliminate spillover illumination or glare onto adjoining properties and
shall not interfere with the normal operation or enjoyment of adjoining properties.
21.16.070 - Noise
A. Purpose. It is declared to be the policy of the City to prohibit unnecessary, excessive, and annoying
sound levels from all sources. In compliance with this policy, Campbell is designated a quiet city. At
certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public
interest, shall be systematically proscribed. It is the purpose of this Chapter to prescribe standards for
and to provide an effective and readily available remedy for violations of this Chapter.
B. Definitions. As used in this Chapter, unless the context otherwise clearly indicates, the words and
phrases used in this Chapter are defined as follows:
A-weighting. A filter network designed to transform a frequency spectrum to that which is heard by
the human ear.
Decibel (dB). A unit for measuring the amplitude of sound, equal to 20 times the logarithm to the
base 10 of the ratio of the pressure of the sound measured to the reference pressure of zero decibels,
which is 20 micropascals.
Impulsive sound. A sound of short duration, usually less than one second, with an abrupt onset and
rapid decay. Examples of impulsive sounds include explosions, drop impacts, and firearm discharge.
Noise. Any loud discordant or disagreeable sound or sounds.
Noise level. Expressed in decibels (dB), means a logarithmic indication of the ratio between the
acoustic energy present at a given location and the lowest amount of acoustic energy audible to
sensitive human ears and weighted by frequency to account for characteristics of human hearing, as
given in the American National Standards Institute Standard S1.1, Acoustic Terminology, Paragraph
2.9, or successor references.
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General Performance Standards
21.16
Noise level measurement. The procedure of measuring sound consisting of the usage of a Precision
Sound Level Meter (SLM), as defined in this section, set to "fast" response. If the Sound Level Meter
is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The
meter shall be calibrated before any measurements and the microphone shall be a minimum of 3-1/2
feet from any wall, floor, or other large sound-reflecting surface. The meter shall be protected from
wind or other extraneous noise by the use of screens, shields, or other appropriate devices.
Precision sound level meter. A sound pressure level measuring instrument that conforms to the
American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring
instruments.
Powered equipment. A motorized device powered by electricity or fuel used for construction,
demolition, and property or landscape maintenance or repairs. Powered equipment includes: lawn
mowers, edgers, parking lot sweepers, saws, sanders, motors, pumps, generators, blowers, wood
chippers, vacuums, drills, nail guns, and similar devices.
Sensitive receptor. A land use in which there is a reasonable degree of sensitivity to noise. Such
uses include single-family and multi-family residential uses, schools, hospitals, churches, rest homes,
cemeteries, public libraries, and other sensitive uses as determined by the enforcement officer.
C. Applicability. It shall be unlawful for any person, at any location within the City, to create any noise
or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by
the person which does not comply with the provisions of this Chapter, unless the provisions of either
paragraph E, (Residential Interior Noise Standards), below, or paragraph G, (Exemptions), below,
have been met.
D. Noise measurement.
1. Noise measurement equipment. Any noise measurement made in compliance with this Chapter
shall be made with a sound level meter using the A-weighting network at slow meter response.
Fast meter response shall be used for impulsive type noise. Calibration of the measurement
equipment utilizing an acoustical calibrator meeting American National Standards Institute
(ANSI) standards shall be performed immediately prior to recording any sound data.
2. Location of noise measurement. Exterior sound levels shall be measured at the property line or
at any location within the property of the affected sensitive receptor. Sound measurements shall
be taken in a manner and location so that it can be determined whether sound level standards are
exceeded at the property line. Where practical, the microphone of the sound level meter shall be
positioned three to five feet above the ground and away from reflective surfaces. The actual
location of the sound measurements shall be at the discretion of the enforcement officer.
E. Residential noise standards.
1. Noise from stationary sources: New residential development shall conform to a stationary
source noise exposure standard of 65 dBA for exterior noise levels and 45 dBA for interior noise
levels.
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2. Traffic-related noise: New residential development shall conform to a traffic-related noise
exposure standard of 60 dBA CNEL for outdoor noise in noise-sensitive outdoor activity areas
and 45 dBA CNEL for indoor noise. New development that does not and cannot be made to
conform to this standard shall not be allowed.
F. Acoustical studies required.
1. Acoustical studies. Acoustical studies are required for all new noise-sensitive projects that may
be affected by existing noise from stationary sources, including all new residential developments
with a noise exposure greater than 60 dBA CNEL. The studies shall also satisfy the requirements
set forth in Title 24, part 2, of the California Administrative Code, Noise Insulation Standards, for
multiple-family attached residential projects, hotels, motels, etc., regulated by Title 24.
2. Mitigation measures. Where acoustical studies show that existing stationary noise sources
exceed, or will exceed maximum allowable noise levels, mitigation shall be identified to reduce
noise exposure to or below the allowable levels of this Chapter. Mitigation measures may include
increased setbacks between uses, earth berms, sound walls, landscaping, and site design that
shields noise-sensitive uses with non-sensitive structures, (e.g., parking lots, utility areas and
garages), or orientation of buildings to shield outdoor spaces from noise sources. In cases where
sound walls are used as mitigation, they should be encouraged to help create an attractive settjng
with features such as setbacks, changes in alignment, detail and texture, pedestrian access (if
appropriate) and landscaping.
G. Exemptions. Sound or noise emanating from the following sources and activities are exempt from
the provisions of this Chapter:
1. Municipal Code provisions. The provisions of this Chapter shall not apply where noise
standards are specified elsewhere in the Municipal Code.
2. City parks. The provisions of this Chapter shall not apply to City-sanctioned recreational
activities/ programs conducted in public parks.
3. Safety, warning, and alarm devices. Safety, warning, and alarm devices, including house and
car alarms, and other warning devices that are designed to protect the health, safety, and welfare,
provided the devices are not negligently maintained or operated.
4. Schools. The normal operation of public and private schools typically consisting of classes,
daytime recreation, and other school-sponsored activities.
5. Emergencies. Emergencies involving the execution of the duties of duly authorized
governmental personnel and others providing emergency response to the general public, including
sworn peace officers, emergency personnel, utility personnel, and the operation of emergency
response vehicles and equipment. Also included is work by private or public utilities when
restoring utility services.
6. Private construction. Private construction (e.g., construction, alteration or repair activities)
between the hours of 8:00 a.rn. and 5:00 p.m. Monday through Friday, and between the hours of
9:00 a.m. and 4:00 p.rn. Saturday, in compliance with Section 18.04.052 of the Municipal Code.
The Community Development Director may impose further limitations on the hours and day of
construction or other measures to mitigate significant noise impacts on sensitive uses.
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21.16
H. Violations/penalties. The violation of any provision contained in this Chapter is declared to be a
misdemeanor and shall be punishable as prescribed in Chapter 21.70 (Enforcement).
21.16.080 - Odor
Sources of odorous emissions shall comply with the rules and regulations of the Bay Area Air Quality
Management District and the State Health and Safety Code. Noxious odorous emissions in a matter or
quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be
public nuisance and unlawful, and shall be modified to prevent further emissions release.
21.16.090 - Vibration
Uses, activities, and processes shall not generate ground vibration that is perceptible without instruments
by the average person at any point along or beyond the property line of the parcel containing the
activities. Vibrations from temporary construction, demolition, and vehicles that enter and leave the
subject parcel (e.g., construction equipment, trains, trucks, etc.) shall be exempt.
21.16.100 - Water Pollution
No liquids of any kind shall be discharged into a public or private sewage or drainage system,
watercourse, body of water, or into the ground, except in compliance with applicable regulations of the
California Regional Water Quality Control Board.
21.16.110 - Site Maintenance
A. Purpose of Chapter. This Chapter provides for the abatement of conditions that are offensive or
annoying to the senses, detrimental to property values and community appearance, an obstruction to
or interference with the comfortable enjoyment of adjacent property, potentially hazardous or
injurious to the health, safety, or welfare ofthe general public in a manner that constitutes a nuisance.
B. Applicability. The standards for property maintenance provided in this Chapter apply to all
nonresidential properties within the City, except where otherwise provided in this Chapter.
C. Maintenance standards.
1. Building maintenance. All buildings, structures and paved areas shall be maintained in a
manner so as not to detract from adjacent properties and to protect the health, safety and welfare
of the user, occupant and general public. Buildings, structures and paved areas shall be deemed
substandard and in violation of this Chapter when they display evidence of exterior dilapidated
conditions.
2. Landscape maintenance. Landscaped areas shall be kept in a neat and clean condition,
substantially free of debris and dead, diseased or dying vegetation, and broken or defective
decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed,
groomed, trimmed, pruned and adequately watered so as to maintain a healthy growing condition.
Irrigation systems shall be maintained to prevent public health or safety hazards.
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3. Fence and wall maintenance. Fences and walls shall be kept and maintained in good repair, free
of graffiti and in a manner so as not to constitute a public nuisance and to protect the health,
safety, and welfare of the user, occupant, and the general public.
4. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle
maneuvering areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and
free of potholes, sinkholes, standing water, cracks, and/or broken areas. Parking space and
pavement striping and signs shall be repainted, refurbished and/or replaced when they become
faded, damaged, or destroyed to an extent that they are no longer effective. Parking areas shall be
periodically resurfaced.
D. Enforcement of provisions. The provisions of this Chapter shall be enforced in compliance with the
provisions of Chapter 21.70 (Enforcement).
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.18 - SITE DEVELOPMENT STANDARDS
Sections:
21.18.010 - Purpose of Chapter
21.18.020 - Air Conditioning Units
21.18.030 - Bicycle and Pedestrian Access Standards
21.18.040 - Conformance with Area Provisions
21.18.050 - Exceptions to Height Provisions
21.18.060 - Fences, Walls, Lattice, and Screens
21.18.070 - Front Yard Paving
21.18.080 - Hazardous Materials
21.18.090 - Lighting Design Standards
21.18.100 - Non-Residential Open Space and Recreational Facilities
21.18.110 - Refuse and Recycling Storage Areas
21.18.120 - Screening and Buffering
21.18.130 - Seismic and Geologic Hazards
21.18.140 - Undergrounding of Utilities
21.18.010 - Purpose of Chapter
This Chapter provides standards for site planning and the provision of specific components of
development that are intended to minimize the adverse effects and operational characteristics of land uses.
21.18.020 - Air Conditioning Units
The standards contained in this section are designed to minimize the adverse visual impacts and
operational effects of air conditioning units (including similar equipment such as generators, heating, and
ventilation equipment) using appropriate design, siting, and screening techniques while providing for the
personal needs of residents and local businesses.
A. Disturbance prohibited. Air conditioners and similar equipment shall not be located and operated in
a manner that would negatively impact surrounding activities or uses.
B. Screened from public view. Roof- or ground-mounted air conditioning units and similar equipment
shall be screened from public view. Acceptable screening methods include, but are not limited to,
architectural elements, fences, and landscaping. Replacement of existing equipment shall trigger this
requirement.
C. Setbacks. Air conditioning units and similar equipment shall be setback a minimum of three feet
from any property line.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
21.18
Site Development Standards
21.18.030 - Bicycle and Pedestrian Access Standards
A. Connections in development.
1. New and redevelopment projects shall provide safe and efficient bicycle and pedestrian
connections on-site, between parking areas, buildings, street sidewalks, and to existing or planned
public right-of-way facilities.
2. New and redevelopment projects shall provide pedestrian passages between street-front sidewalks
and rear-lot parking areas where applicable.
3. Bicycle and pedestrian connections shall be designed to interface with vehicular circulation routes
in a safe manner.
B. Access points. New and redevelopment projects shall provide multiple designated access points onto
adjacent bikeways and pedestrian routes when appropriate.
21.18.040 - Conformance with Area Provisions
A. Requirements. Unless otherwise provided in this Zoning Code, the following regulations shall
apply:
1. Buildings shall not be erected or located on a lot unless the building, structure, or enlargement
conforms with the area regulations of the zoning district in which it is located.
2. Parcels of land held under separate ownership at the time this Chapter became effective, shall not
be reduced in a manner below the minimum lot width and lot area required by this Chapter.
3. Lot areas shall not be reduced or diminished so that the yards or other open space becomes
smaller than prescribed by this Zoning Code, nor shall the occupancy be increased in any manner
except in conformity with the regulations established in this Zoning Code.
4. Required yards or other open spaces around an existing building, or which are provided around
any building for the purpose of complying with the provisions of this Zoning Code shall not be
considered as providing a yard or open space for any other building; nor shall any yard or other
required open space on an adjoining lot be considered as providing a yard or open space for any
other building; nor shall any yard or other required open space on an adjoining lot be considered
as providing a yard or open space on a lot whereon a building is to be erected.
B. Exceptions. The following items shall be exempt from the required area regulations of this Zoning
Code.
1. Architectural features. Cornices, eaves, sills, canopies, bay windows totaling no more than 10
feet in width, or other similar architectural features may extend or project into a required side
yard or rear yard not more than 24 inches and may extend or project into a required front yard not
more than 30 inches. Chimneys may project into a required front, side, or rear yard not more than
24 inches. No architectural feature may extend closer than three feet to any property line.
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21.18
2. Fire escapes. Open, unenclosed fire escapes may extend or project into any front, side, or rear
yard not more than four feet.
3. Open stairways and balconies. Open, unenclosed stairways, or balconies, not covered by a roof
or canopy may extend or project into a required front yard not more than 30 inches.
4. Decks, steps, and terraces. Decks, steps, and terraces that do not exceed a height of 12-inches
above grade shall be allowed in any required front, side, or rear yard.
5. Trees, shrubs, and plants. Landscape features (e.g., trees, shrubs, flowers, plants, etc.) shall be
allowed in any required front, side, or rear yard provided they do not produce a traffic safety
hazard that would be detrimental to the health, safety, and welfare of the residents.
21.18.050 - Exceptions to Height Provisions
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment
required to operate and maintain the building, parapet walls, skylights, steeples, flagpoles, chimneys,
smokestacks, or similar structures (as defined by the Planning Commission) may be erected above the
height limit herein prescribed, but no penthouse or roof structure, or any space above the height limit shall
be allowed for the purpose of providing additional floor space.
21.18.060 - Fences, Walls, Lattice, and Screens
A Setbacks. A fence, wall, lattice, or screen not exceeding 3 and a half feet may be allowed in any
required front, side or rear yard in all zoning districts. A fence, wall, lattice, or screen not more than
six feet in height, may be allowed in all zoning districts as follows:
1. Interior lot:
a. Front yard: No closer than 15 feet from the front property line.
b. Side yards: Allowed up to and along the property line, except for the required 15-foot front
yard setback.
c. Rear yard: Allowed up to and along the property line.
2. Corner lot:
a. Front yard: No closer than 15 feet from the front property line.
b. Interior side yard and rear yard: Allowed up to and along the property line, except for the
required 15-foot front yard setback.
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c.
Street side yard: No closer than 5 feet from the street property line and not within the
triangular area formed by measuring 30 feet along the front and street side property lines
along the right-of-way from their "extended" intersection and connecting these two points.
30'
Street
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Figure 3-1
d. Driveways. No fence wall, lattice or screen over 3 and a half feet shall be allowed within the
triangular area formed by measuring 10 feet along the street property line and 10 feet along
the driveway from their "extended" intersection and connecting these two points.
Street side-'\'F \"'.':I;:-L_L!'C:-~~~==-----r'-~~~
..... ~ ..<:::~:~~~ ~ :(-1!Q. /~ ~~~~ ;~""f"" -: . ... .....
6'mw<, beighl outside of '-"'.' ~LJU,- 'ii..i. . .I\,.='.'~'::'_~'. .-.::._-:._~---..:~~,-'_.
sightdìstanecarea...nd '" "'" "~"""'-¥'-""'--J_7""" ..../ ' ~
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30' sight distance
area
3 1/2 OUIX height in - side
yanl sight distance area
Figure 3-2
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Site Development Standards
21.18
B. Height measurement. The height of a fence, wall, lattice, or screen shall be measured from the
adjacent finished grade to the highest point of the fence. Where the finished grade is a different
elevation on either side of the fence on private property, the height shall be measured from the side
having the highest elevation. Where the finished grade is a different elevation on either side of the
fence adjacent to a public right-of-way, the height shall be measured from the public right-of-way
side.
C. Prohibited materials:
1. Chain link fences are prohibited in any required front yard or street side yard areas for residential
properties.
2. Barbed wire and razor wire fencing shall be prohibited in any zoning district, unless it is
approved as part of a discretionary development permit and is found to be necessary for the
security of the facility.
D. Fence exception. The Community Development Director, upon recommendation from the Director
of Public Works, may approve a Fence Exception to allow lesser setbacks and heights greater than six
feet for fences, walls, lattice and screens when it is determined that: 1) the change would not impair
pedestrian or vehicular safety; 2) would result in a more desirable site layout; 3) would not be
detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of the change; and 4) would not be detrimental or injurious to property
and improvements in the neighborhood or to the general welfare of the City. The applicant shall
submit a letter of consent from adjacent property owners, or affected property owners directly across
the public right-of-way for front yard and street yard fences, prior to the approval of a Fence
Exception. Any decision of the Community Development Director may be appealed as prescribed in
Chapter 21.62, (Appeals). If one or more adjacent property owners object to the change, the
Community Development Director shall refer the matter to the Planning Commission for a decision
based on criteria one through four of this paragraph.
E. Design criteria. When a Fence Exception is requested for a taller fence or lesser setbacks in the
required front yard or street yard areas, the fence or wall shall be of a decorative style and at least
50% open to the passage of light and air, as determined by the Community Development Director.
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Site Development Standards
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Figure 3-3
Typical Open Fence Designs
F. Fences as part of a development application. The Planning Commission or City Council shall have
the authority to allow lesser setbacks and heights greater than six feet for fences, walls, lattice and
screens submitted as part of a discretionary development application.
21.18.070 - Front Yard Paving
Paving shall not amount to more than 50 percent of the required front yard area; - Increases in the amount
of allowable paving may be approved by the Community Development Director if necessary to provide
safe ingress and egress for the site.
21.18.080 - Hazardous Materials
This section provides guidelines for the regulation of hazardous materials for the protection of health,
safety, and welfare of persons, resources, and property.
A. Setbacks required. Any person, firm, or corporation that stores, handles, or dispenses any hazardous
material shall provide the necessary setbacks (buffer zones) along property lines and between
buildings in compliance with the Uniform Building Code and Uniform Fire Code.
B. Change in use. Projects that involve a change in land use from Industrial to Residential or
Commercial shall provide detailed information regarding potential historical hazardous materials
uses, including soil and/or groundwater sampling results, if warranted.
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C. Hazardous materials management plan (HMMP). Any person, firm, or corporation who proposes
to store, handle, or dispense any hazardous material within the hazardous thresholds defined by the
UBC and UFC and within 500 feet of any school or property zoned for residential use shall submit a
HMMP to the Community Development Department for review and approval.
D. Disclosure. As part of all development applications, the applicant shall complete a Hazardous Waste
and Substance Sites Disclosure Form certifying that they have reviewed the current CAL-EP A
Hazardous Waste and Substances Sites List available in the Community Development Department.
E. Information required. Applications for discretionary development projects that will generate, use or
store hazardous materials shall provide detailed information regarding waste reduction, recycling and
storage.
F. City review. The type of review required is dependant on the location of the subject site and the type
and volume of hazardous materials being used. At the discretion of the Community Development
Director, the Building Official, or the Fire Marshall, the applicant shall submit a written Hazardous
Materials Management Plan (HMMP) for approval by the City. The HMMP shall include detailed
information regarding the safe storage, handling, recycling, and waste reduction of hazardous or other
regulated materials, a transportation plan for using City streets to transport hazardous materials, and
an emergency response plan in the event of a reportable release or threatened release of a hazardous
or other regulated material. The emergency response plan shall include, but not be limited to, the
following:
1. Procedures for the immediate notification to City, to the County Fire Department, and to the State
Office of Emergency Services;
2. Procedures for the mitigation of a release or threatened release to minimize any potential harm or
damage to persons, property, or the environment;
3. Evacuation plans and procedures for the business site, including immediate audible notice and
warning to all persons on the site.
21.18.090 - Lighting Design Standards
A. Exterior lighting. Exterior lighting shall be:
1. Architecturally integrated with the character of the structure(s);
2. Energy-efficient, and fully shielded or recessed; and
3. Completely turned off or significantly dimmed at the close of business hours when the exterior
lighting is not essential for security and safety, when located on parcels within nonresidential
zoning districts.
B. Permanent lighting. Permanently installed lighting shall not blink, flash, or be of unusually high
intensity or brightness. Lighting fixtures shall be appropriate in height, intensity, and scale to the use
they are serving.
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C. Shielding requirements. Outdoor lighting fixtures shall be designed and installed so that no light
rays will be emitted across any property line. Lighting shall be kept within the project boundaries.
Fixtures like the "shoe box" design are capable of providing accurate light patterns and can be used
for lighting parking lots without spilling onto the neighboring property.
Figure 3-4
D. Design criteria.
1. External light fixtures, poles, and their foundation should be simple in design and compatible
with and complimentary to the style of surrounding development. Historical-themed fixtures are
not appropriate for a contemporary building design and modern fixtures are not appropriate for a
structure with a significant historical design theme. Simple and functional designs are considered
to be appropriate in most environments. Lighting standards should be of a scale that is
compatible with their surroundings. Pedestrian-style lighting (eight to 12 feet high) should be
installed in areas where foot traffic is prevalent. Lighting fixtures for parking lots and private
roadways should not be installed at a height greater than 20 feet.
2. Color-corrected lamps of appropriate intensity should be used in exterior lighting. High-
efficiency lamps that alter the colors of objects at night are discouraged. Incandescent,
fluorescent, color-corrected sodium vapor and mercury lamps should be used because they
provide light with an appropriate color spectrum.
3. Lighting intensity should be the minimum required to serve the tasks for which the fixtures are
intended.
4. Exterior lighting should be considerate of both the neighbors and the community as a whole.
Each new lighting scheme should actively strive to reduce negative light impacts.
21.18.100 - Non-Residential Open Space and Recreational Facilities
This section provides standards and incentives for the provision of open space and recreational facilities
in non-residential projects. The intent is to make commercial and industrial projects more attractive and
pedestrian-oriented through the provision of open spaces, including plazas, courtyards, benches, and
outdoor eating and seating areas.
A. Open space and recreation facilities incentives. Development incentive bonuses to encourage
extraordinarily high quality pedestrian-oriented open spaces and recreation facilities may be granted
at the discretion of the Planning Commission or City Council. The types of bonus incentives that
may be available to eligible projects include, but are not limited to:
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1. Reduced parking requirements; or
2. Increased lot coverage or FAR.
B. Configuration of open space. To ensure that the open space is well-designed, usable, and
accessible, the decision making body shall employ the following standards and guidelines in
evaluating proposed open space and recreation facilities:
1. Open space and recreation facilities shall be located on-site;
2. Open space and recreation facilities shall be provided as continuous, usable site elements that
reinforce or enhance other aspects of the site plan, (e.g., as pedestrian networks, view corridors,
and environmental features).
3. Open space and recreation facility areas should be oriented to pedestrian circulation and should
incorporate seating, enhanced paving materials, lighting, courtyards, plazas, shade trees and/or
trellises, and landscaping.
4. The orientation of the open space should take advantage of natural sunlight and should be
sheltered from incompatible uses.
C. Allowed uses. Required open space shall not include driveways, public or private streets, utility
easements where the ground surface cannot be appropriately used for open space, parking spaces, or
other areas primarily intended for other functions.
D. Maintenance. Required common open space shall be controlled and permanently maintained by the
owner of the property.
21.18.110 - Refuse and Recycling Storage Areas
A. Required storage area. In compliance with 6.04.080(b) of the Municipal Code, each commercial,
industrial, public, apartment, or multi-residential use shall have a refuse and recycling storage area.
B. Enclosure requirements. Refuse and recycling containers shall be located in an enclosure
constructed and consisting of a concrete floor at least six inches in depth, surrounded by a minimum
6-foot high masonry wall and having a solid gate. An enclosure that is constructed within five feet of
combustible surfaces shall comply with the fIfe prevention requirements of 6.04.020. The enclosure
shall be of a size sufficient to accommodate the receptacles required by 6.04.020 of the Municipal
Code or as otherwise approved by the Community Development Director as safe and adequate for the
intended use.
C. Location requirements. Exterior storage area(s) shall not be located in a required front yard, side
yard, or rear yard setback. The enclosure shall be located as far as possible from any residential units
that the enclosure is intended to serve. Driveways or aisles shall provide unobstructed access for
collection vehicles and personnel and provide at least the minimum clearance required by the
collection methods and vehicles utilized by the designated collector.
D. Maintenance requirements. The wall, gate, and surface inside the enclosure shall be kept in sound
repair and condition.
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E. Use requirements. The refuse and recycling containers shall be kept in the enclosure at all times
except when being emptied by collection personnel.
F. Screening requirements for residential zoning districts. Except during the period of time specified
in Chapter 6.04 of the Municipal Code, garbage, yard waste, and recycling containers shall not be
placed, kept, or stored within any front yard or street side yard on corner lots. Garbage, yard waste,
and recycling containers shall be fully screened from view from the public street right-of-way by a
structure, fence, wall, or landscaping that is as tall as the tallest container(s), unless otherwise
approved by the Community Development Director.
G. Screening requirements for commercial and industrial zoning districts. Refuse and recycling
storage areas shall be designed, located, and fully screened from view from the public street right-of-
way.
21.18.120 - Screening and Buffering
This section provides standards for the screening and buffering of adjoining land uses, equipment,
outdoor storage areas, and surface parking areas with respect to multi-family and non-residential land
uses.
A. Screening between different land uses. Fences and walls shall be provided and maintained between
different zoning districts in the following manner:
1. Wall height. An opaque screen consisting of plant material and a solid masonry wall or wooden
fence, not less than six feet in height, shall be installed along parcel boundaries whenever a
commercial or industrial development adjoins a residential zoning district and whenever a multi-
family zoning district adjoins a single-family residential zoning district. A fence or wall taller
than six feet in height may be allowed in compliance with section 21.18.060 (Fences, Walls,
Lattice, and Screens).
2. Architectural compatibility. The method of screening shall be architecturally compatible with
the other on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
3. Pedestrian access. Pedestrian access may be provided through the required wall or fence.
4. Waiver. The decision making body may waive or change the requirement for a screen wall/fence
if the development plan adequately provides for the integration of different adjacent land uses in a
way that avoids conflicts between the different uses; an existing wall or fence is in place that
meets or could be modified to meet the intent of this section; or a lesser screening is appropriate
due to the nature of the adjoining uses.
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Residential
Block wall
Public Street
Commercial
Buffer
Residential
Figure 3-5
Screening and Buffering Between Two Different Uses
B. Mechanical equipment. Uses that utilize mechanical equipment shall comply with the following:
1. Screened from public view. Roof or ground mounted mechanical equipment (e.g. air
conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service
yards, storage and waste areas, and utility services shall be screened from public view.
2. Architectural compatibility. The method of screening shall be architecturally compatible with
the other on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
c. Outdoor storage and work yards. Uses with outdoor storage of materials or operations shall
comply with the following:
1. Solid sight obscuring wall and gates. Outside uses shall be surrounded by a fence or a solid
masonry wall and gate, not less than six feet in height, of a type and design approved by the
approval authority. The wall and gate shall be maintained in a manner satisfactory to the
Community Development Director. A fence or wall taller than six feet may be allowed in
compliance with Section 21.18.060 (Fences, Walls, Lattice, and Screens).
2. Architectural compatibility. The fence or wall shall be architecturally compatible with the
other on-site development in terms of colors, materials, architectural style, and shall include
appropriately installed and maintained landscaping, as applicable.
3. Operations within the screened area. Site operations in conjunction with an outdoor use,
including the loading and unloading of materials and equipment, shall be conducted entirely
within a screened area.
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Figure 3-6
21.18.130 - Seismic and Geologic Hazards
This section provides standards for geologic hazard reviews and report requirements to protect citizens
from building or developing in hazardous areas and to avoid personal injury and/or private and public
losses.
A All new development, remodels, and redevelopment shall comply with the Uniform Building Code
and the California Building Code provisions regarding engineering and geotechnical analysis.
B. The type of geotechnical investigation required is dependent on the location of the subject site and the
extent of the proposed development. Official seismic hazard zone maps are on file with the
Community Development Department and are the major basis for determination by the Community
Development Director or Building Official whether a geotechnical report shall be required.
C. Where a geotechnical report is required, it shall be prepared by a certified engineering geologist and
submitted to the Community Development Director for review and approval prior to final action on
the application. The conclusions and recommendations set forth in the geotechnical report shall
become the standards for review and shall govern development.
21.18.140 - Undergrounding of Utilities
Proposed development and substantial remodels, including residential subdivisions, shall provide for the
undergrounding of existing and proposed utility facilities in compliance with this section.
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A. Undergrounding of utilities required. All electric, telecommunications, and cable television lines
to be installed on the site to serve a proposed development, or any modification to existing utility
facilities that directly serve the site, shall be installed underground at the time of development except
for equipment appurtenant to underground facilities, including surface mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. All utilities shall be taken
from the nearest aboveground utility service and no new poles or overhead lines shall be allowed. All
new commercial developments, industrial developments, and residential developments with more
than five units shall be required to underground all overhead utility lines along the project's public
street frontages, unless otherwise approved by the decision making body.
B. Control boxes and cabinets. Aboveground equipment (e.g., utility control boxes and similar
cabinets) shall be screened from view and deterred from graffiti vandalism by using a combination of
landscaping and screen walls.
C. Exemptions. The requirements of this Section do not apply to:
1. Existing or proposed major electrical transmission lines; and
2. Service upgrades to an existing electrical panel.
D. Waiver of requirements. The Community Development Director may authorize the installation of
overhead facilities in lieu of underground facilities when topographical, soil, or other conditions make
underground installation unreasonable or impractical. The Community Development Director shall
use the following factors in making a decision:
1. The estimated cost of underground utilities as compared to overhead installation;
2. The location of the nearest above ground utility service;
3. The likelihood that other overhead utility lines in the surrounding neighborhood will be placed
underground; and
4. Other pertinent environmental features.
E. Application for an Underground Utility Waiver. Applications for an Underground Utility Waiver
shall be made on a form supplied by and filed with the Community Development Department and
shall also include the following:
1. A written explanation of why a waiver should be granted;
2. Photographs of the subject site;
3. Scaled site plan, including the location of the utility panel and connection to PG&E facility or
other utility;
4. Application fee.
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CHAPTER 21.20 - DENSITY BONUS AND AFFORDABLE
HOUSING INCENTIVES
Sections:
21.20.010 - Purpose
21.20.020 - Definitions
21.20.030 - Applicability
21.20.040 - Incentives
21.20.050 - General Requirements
21.20.060 - Requirements for Rental Housing Projects
21.20.070 - Requirements for Owner-Occupied Housing
21.20.080 - Resale Restrictions
21.20.090 - Application Procedure
21.20.010 - Purpose
This Chapter is intended to comply with the State Density Bonus Law, Government Code Section 65915,
which provides that a local government shall grant a density bonus and an additional incentive, or
financially equivalent incentives, to a developer of a housing development that agrees to construct a
specified percentage of housing units for lower income households, very low income households, or
senior citizens.
21.20.020 - Definitions
Terms used in this Chapter shall have the following meanings unless otherwise indicated from the
context.
Affordable unit. A unit in which the rent or the principle, interest, taxes or insurance for an owner
occupied unit does not exceed: (1) for lower income households 35 percent of 80 percent of the Santa
Clara median income adjusted for household size, or as modified by state law; or (2) for very low income
households 35 percent of 50 percent of the Santa Clara median income adjusted for household size or as
modified by state law.
Below market rate units (BMR units). Units to be sold or rented at below market rate prices.
Density bonus. An increase in the number of dwelling units authorized for a particular parcel of land
beyond the maximum allowed by the general plan range specified on the land use map of the City general
plan.
Eligible Campbell employee. Any head of household, or in the case of married couples either spouse,
who has worked within the City limits of Campbell continually for one year.
Existing Campbell resident. Any person who has lived within the City limits of Campbell continually
for one year.
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First time home buyer. A person who has not owned a residence in Santa Clara County in the last three
years.
Household type. The population group identified by Government Code Section 65915 to qualify for a
density bonus.
Incentive. A benefit offered by the City to facilitate construction of housing projects which include
below market rate units. Among others, benefits may include fee deferments and waivers, granting of
variances, relaxation of otherwise applicable permit conditions.
Lower income household. A household whose gross income is as established by Health and Safety
Code Section 50079.5 or as amended from time to time.
Optimum household size. The appropriate household size used by the Department of Housing and
Community Development for the California Housing Rehabilitation Program.
Redevelopment area. The area included within the boundaries of the Central Campbell Redevelopment
Project or as said project area may be amended from time to time.
Resale controls. A resale restriction placed on below market rate units (BMR) by which the price of the
units and income of the purchaser will be restricted in order to ensure the affordability and occupancy by
lower or very low income households or senior citizens.
Senior citizen. A person at least 62 years of age.
Senior citizen unit. A unit in which one of the household members is 62 years of age or older.
Very low income household. A household whose gross income is as established by Health and Safety
Code Section 50105 or as amended from time to time.
21.20.030 - Applicability
A All housing developments containing five or more units (excluding density bonus units) are eligible
for a density bonus of 25 percent, and an additional incentive, to developers agreeing to construct at
least:
1. Twenty percent of the units for lower income households, as defined in Section 50079.5 of the
Health and Safety Code; or
2. Ten percent of the units for very low income households, as defined in Section 50105 of the
Health and Safety Code; or
3. Fifty percent of the units for senior citizens.
B. Projects that meet the requirements of this Chapter shall qualify for a density bonus and at least one
other concession or incentive unless the City Council adopts a written finding that the additional
concessions (or incentives) are not required in order to provide affordable housing.
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21.20.040 - Incentives
The state-mandated additional incentive or concessions will be selected from the following list:
A. A reduction in site development standards or a modification of the requirements of the Zoning Code.
For applications involving the modification of zoning or development standards the housing
developer shall show that the waiver or modification is necessary to make the housing units
economically feasible. Permissible incentives include, but are not limited to:
1. Reduction of parking requirements;
2. Reduction of open space requirements;
3. Reduction of setback requirements.
B. Other regulatory incentives, or concessions, proposed by the developer or the City, which result in
identifiable cost reductions. Permissible incentives include, but are not limited to:
1. Reduction of park dedication fees;
2. Reduction of application or construction permit fees;
3. Provision of tax exempt financing or other financial assistance as approved by the City Councilor
Redevelopment Agency Board.
C. Incentives or concessions shall directly affect the financial feasibility of including the BMR units in
the project without adversely affecting the health, safety, and welfare of City residents.
21.20.050 - General Requirements
A. BMR units shall remain affordable for 30 years if both a density bonus and additional incentive are
granted. If only a density bonus is granted the BMR units shall remain affordable for 10 years.
Affordability of BMR units shall be maintained longer if government financing with a longer
designated preservation period is used for the project or if required by redevelopment agency policy.
B. Priority for BMR units shall be given as follows:
1. First priority shall be given to "essential civic employees" of the City of Campbell (e.g. police
personnel and public safety workers) who meet all other program criteria;
2. Second priority shall be given to eligible existing Campbell residents;
3. Third priority shall be given to eligible employees of the City of Campbell not classified as
"essential civic employees,"
4. Fourth priority shall be given to eligible persons employed within the City limits of Campbell.
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C. A master regulatory agreement shall be made between the developer and the City that indicates the
household type, number, location, size, and construction scheduling of all BMR units. The
information shall be required by the City for the purpose of determining the developer's compliance
with this Chapter. The master regulatory agreement shall be required in a form acceptable to the City.
D. BMR units shall be constructed concurrently with or prior to the construction of non-BMR units.
E. BMR units shall be provided as follows:
1. BMR units shall be dispersed throughout the project;
2. BMR units shall include all unit types represented in the project and the unit types shall be
provided in the same proportion as the project as a whole;
3. BMR units shall be identical with the design of the non-BMR units except that a reduction of
interior amenities for BMR ownership units may be allowed upon approval by the City as
necessary to retain project affordability.
F. The developer shall submit a project financial report (pro forma) to allow the City to evaluate the
financial need for the state-mandated additional incentives. The City may retain a consultant to
review the financial report. The cost of the consultant shall be borne by the developer with the
following exceptions:
1. If the applicant is a nonprofit organization the cost of the consultant may be paid by the City upon
approval of the City Council.
2. If the proposal is in the redevelopment area, the redevelopment agency may pay the cost of the
consultant, at the discretion of the agency director.
21.20.060 - Requirements for Rental Housing Projects
A. All BMR units shall be occupied by the household type specified in the master regulatory agreement
required under Section 21.20.050(C). The developer's obligation to maintain BMR units as
affordable housing shall be evidenced by a master regulatory agreement that shall be recorded as a
deed restriction running with the land.
B. Those units targeted for lower income households, as defined in Section 50079.5 of the Health and
Safety Code shall be affordable at a rent that does not exceed 35 percent of 80 percent of the Santa
Clara County median income adjusted for household size, or as modified by State law.
C. Those units targeted for very low income households, as defined in Section 50105 of the Health and
Safety Code shall be affordable at a rent that does not exceed 35 percent of 50 percent of the Santa
Clara County median income adjusted for household size, or as modified by State law.
D. The appropriate household size used by the Department of Housing and Community Development for
the California Housing Rehabilitation Program will be used to determine occupancy and rental price
limits.
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E. Prior to the rental of any BMR unit, the City or its designee shall verify the eligibility of the
prospective tenant. The owner shall obtain and maintain on file certifications by each household.
Certification shall be obtained immediately prior to initial occupancy by each household and annually
thereafter, in the form entitled "Household Certification" provided by the City. The owner shall
obtain updated forms for each household on request by the City, but in no event less frequently than
once a year. The owner shall maintain complete, accurate and current records pertaining to the
property and will permit any duly authorized representative of the City to inspect the records
pertaining to the BMR units and occupants of the said units.
F. The City may establish fees associated with the setting up and monitoring of BMR units.
G. The owner shall submit a quarterly report to the City, on a form provided by the City. The report
shall include for each BMR unit the rent, income, and family size of the household occupying the
unit.
H. The owner shall provide to the City any additional information required by the City to insure the
long-term affordability of the BMR units by eligible households.
21.20.070 - Requirements for Owner-Occupied Housing
A All purchasers of BMR units shall be senior citizens or first time home buyers in the household type
required in the master regulatory agreement specified in Section 21.20.050(C).
B. Purchasers shall be required to occupy the unit except with approval from the City. Evidence shall be
presented to the City that the owner is unable to occupy the unit due to illness or incapacity. In these
cases, the unit shall be rented to the same household type as the owner.
C. BMR units targeted for lower-income households shall be sold at a price 2.75 times the Santa Clara
County median lower income adjusted for the optimum household size for the unit.
D. BMR units targeted for very low income households shall be sold at a price 2.75 times the Santa
Clara County median very low income adjusted for the optimum household size.
21.20.080 - Resale Restrictions
To ensure the continued affordability of BMR units, a resale restriction will be recorded against all units.
The agreement shall restrict the price at which a BMR unit may be resold. The agreement shall specify
that the BMR home shall be occupied by the owners, and can not be rented at any time in the future,
except upon approval by the City. In the event of resale, subsequent owners shall meet the same
qualifications as the original owner and shall be pre-approved for purchase by the City. The agreement
shall also grant the City the right-of-first refusal to purchase a BMR unit each time it is sold.
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21.20.090 - Application Procedure
A. A developer may submit to the Community Development Department a preliminary proposal for the
development of housing in compliance with this Chapter prior to the submittal of any formal
application. The City shall, within 90 days of receipt of a preliminary proposal provide the housing
developer in writing, comments and preliminary evaluation of the project. Comments or preliminary
evaluations shall not bind future City actions.
B. Formal application shall follow the review process provided for the Planned Development Zoning
District in Section 21.12.030, (P-D (Planned Development) Zoning District), and shall in addition
provide additional information as specified in this Chapter:
1. A written statement specifying the desired density increase, incentive requested and the number,
type, location, size, and construction scheduling of all dwelling units;
2. A project financial report (pro forma), as required; and
3. Any other information requested by the Community Development Director.
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CHAPTER 21.22 - FLOOD DAMAGE PREVENTION
Sections:
21.22.010 - Statutory Authorization, Purpose and Methods
21.22.020 - Definitions
21.22.030 - General Provisions
21.22.040 - Administration
21.22.050 - Provisions for Flood Hazard Reduction
21.22.060 - Variance Procedure
21.22.010 - Statutory Authorization, Purpose and Methods
A. Authority. The legislature of the state of California has, in Government Code Sections 65302, 65560
and 65800, conferred upon local government units authority to adopt regulations designed to promote
the public health, safety and general welfare of its citizenry.
B. Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood-control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. To insure that potential buyers are notified that property is in an area of special flood hazard; and
7. To insure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
C. Methods of reducing flood losses. In order to accomplish its purposes, this Chapter includes
methods and provisions for:
1. Restricting or prohibiting uses that are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities that serve those uses, be protected
against flood damage at the time of initial construction;
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3. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
4. Controlling of filling, grading, dredging and other development which may increase flood
damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters, or which may increase flood hazards in other areas.
21.22.020 - Definitions
Words or phrases used in this Chapter shall have the following meanings unless otherwise indicated from
the context.
Appeal. A request for a review of the City Clerk's interpretation of any provision of this Chapter, or a
request for a variance.
Area of special flood hazard. See "Special Flood Hazard Area."
Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year (also
called the "lOO-year flood").
Basement. Any area of the building having its floor sub grade (below ground level) on all sides.
Breakaway walls. Any type of walls, whether solid or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable building material which is not part of the structural
support of the building and which is designed to break away without causing any damage to the structural
integrity of the building on which they are used or any buildings to which they might be carried by
floodwaters.
Development. Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations.
Deviation. A grant of relief from the requirements of this Chapter that permits construction in a manner
that would otherwise be prohibited by this Chapter.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry
land areas from:
1. The overflow of floodwaters;
2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or
3. The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in this definition.
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Flood boundary and floodway map. The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the
floodway.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and
the risk-premium zones applicable to the community.
Flood insurance study. The official report provided by the Federal Insurance Administration that
includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source
(see definition of "Flooding").
Floodplain management. The operation of an overall program of corrective and preventive measures for
reducing flood damage, including but not limited to emergency preparedness plans, flood control works
and floodplain management regulations.
Floodplain management regulations. Zoning codes, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion
control ordinances) and other applications of police power. The term describes such state or local
regulations in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
Floodproofing. Any combination of structural and non structural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjacent land areas that shall be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than
one foot. Also referred to as "Regulatory Floodway."
Highest adjacent grade. The highest natural elevation of the ground surface prior to conštruction next to
the proposed walls of a structure.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than
a basement area, is not considered a building's lowest floor, provided, that such enclosure is not built so as
to render the structure in violation of the applicable non- elevation design requirements of this Chapter.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent
chassis, and is designed to be used with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "Manufactured Home" also includes
park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive
days.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for sale or rent.
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Mean sea level. For the purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
New construction. For floodplain management purposes, structures for which the "Start of
Construction" commenced on or after the effective date of a floodplain management regulation adopted
by the City.
One-hundred-year flood or lOO-year flood. A flood that has a one percent annual probability of being
equaled or exceeded. It is identical to the "Base Flood," which will be the term used throughout this
Chapter.
Person. An individual or his agent, firm, partnership, association or corporation, or agent of the
aforementioned groups or this state or its agencies or political subdivisions.
Remedy a violation. To bring the structure or other development into compliance with state or local
floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of this Chapter, or otherwise deterring future
similar violations, or reducing federal financial exposure with regard to the structure or other
development.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Special Flood Hazard Area (SFHA). An area having special flood or flood-related erosion hazards, and
shown on an FHBM or FIRM as Zone A, AI-30, AE or A99.
Start of construction. Substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other improvement was
within 180 days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site (e.g., pouring of slabs or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation) or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation (e.g., clearing, grading
and filling) nor does it include the installation of streets, and/or walkways; nor does it include excavation
for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, (e.g., garages or sheds not occupied as dwelling units
or not part of the main structure).
Structure. A walled and roofed building including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure, either:
I. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "Substantial Improvement" is considered to occur when the fIrst
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure. The term does not include:
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a. Any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living
conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Violation. The failure of a structure or other development to be fully compliant with the floodplain
management regulations of this Chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be
in violation until the time as that documentation is provided.
21.22.030 - General Provisions
A. Applicability. This Chapter shall apply to all areas of special flood hazards within the jurisdiction of
the City of Campbell.
B. Areas of special flood hazard. The areas of special flood hazard for Campbell are identified by the
Federal Emergency Management Agency or the Federal Insurance Administration in the Flood
Insurance Rate Map.
C. Compliance. No structure or land shall, after the effective date of this Chapter, be constructed,
located, extended, converted, or altered without full compliance with the terms of this Chapter and
other applicable regulations.
D. Abrogation and greater restrictions. The regulations in this Chapter are not intended to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the
regulations in this Chapter and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent regulations shall prevail.
E. Interpretation. In the interpretation and application of this Chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
F. Disclaimer of liability. The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This Chapter does not imply that land outside the areas of special flood hazards, or uses
allowed within these areas, will be free from flooding or flood damages. This Chapter shall not create
liability on the part of the City, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
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21.22.040 - Administration
A. Establishment of Development Permit. A Zoning Clearance, in compliance with Chapter 21.40,
shall be obtained before construction or development begins within any area of special flood hazards
established in Section 21.22.030(B). Application for a Zoning Clearance shall be made on forms
furnished by the Community Development Department, and may include, but not be limited to, plans
in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in
question; and existing or proposed structures, fill, storage of materials, drainage facilities.
Specifically, the following information is required:
1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all
structures;
2. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
3. All appropriate certifications listed in Section 21.22.040(C)(4), below; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
B. Designation of the Floodplain Administrator. The Community Development Director is hereby
appointed to administer and implement this Chapter by allowing or denying development requests in
compliance with its provisions.
C. Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the
floodplain administrator shall include, but not be limited to:
1. Permit review:
a. Review all development requests to determine that the permit requirements of this Chapter
have been satisfied;
b. Determine that all other required state and federal permits have been obtained;
c. Determine that the site is reasonably safe from flooding;
d. Determine that the proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has not been
designated. For purposes of this Chapter, "adversely affects" means that the cumulative
effect of the proposed development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood more than one
foot at any point.
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2. Use of other base flood data. When base flood elevation data has not been provided in
compliance with Section 21.22.030(B) (Areas of special flood hazard), above, the floodplain
administrator shall obtain, review and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other source, in order to administer Section 21.22.050
(Provisions for Flood Hazard Reduction), below. Any information shall be submitted to the City
Council for adoption.
3. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the California Department of Resources prior to such
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
b. Require that the flood carrying capacity of the altered or relocated portion of the watercourse
is maintained.
4.
Obtain and maintain for public inspection and make available as needed:
a. The certification required in Section 21.22.050(A)(3)(a)(floor elevations);
b. The certification required in Section 21.22.050(A)(3)(b)(1) (elevation or floodproofing of
nonresidential structures);
c. The certification required in Section 21.22.050(A)(3)(c)(l) or 21.22.050(A)(3)(c)(2) (wet
floodproofing standard);
d. The certified elevation required in Section 21.22.050(C)(2) (subdivision standards);
e. The certification required in Section 21.22.050(E) (floodway encroachments).
5. Make interpretations, where needed, as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation, as provided in Section 21.22.060.
6. Take action to remedy violations of this Chapter as specified in Section 21.22.030(C).
21.22.050 - Provisions for Flood Hazard Reduction
A. Standards of construction. In all areas of special flood hazard, the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
b. All manufactured homes shall meet the anchoring standards of paragraph D, (Standards for
Manufactured Homes), below.
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2. Construction materials and methods.
a. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air-conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
d. A breakaway wall shall have a safe design loading resistance of not less than 10 pounds or no
more than 20 pounds per square foot. Use of breakaway walls shall be certified by a
registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base flood.
3. Elevation and flood proofing.
a. New construction and substantial improvement of any structure shall have the lowest floor,
including basement, elevated to or above base flood elevation. Nonresidential structures may
meet the standards in Section 21.22.050(A)(3)(c), below. Upon completion of the structure,
the elevation of the lowest floor, including basement, shall be certified by a registered
professional engineer or surveyor, or verified by the Building Inspector to be properly
elevated. Such certification or verification shall be provided to the floodplain administrator.
b. Nonresidential construction shall either be elevated in conformance with Section
21.22.050(A)(3)(a), above, or together with attendant utility and sanitary facilities:
(1) Be flood proofed so that below the base flood level the structure is watertight, with walls
substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that the standards of this
Subsection are satisfied. Such certifications shall be provided to the floodplain
administrator.
c. Require, for all new construction and substantial improvements, that fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement shall either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
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(1) Either a minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided, the bottom of
all openings shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters; or
(2) Be certified to comply with a local floodproofing standard approved by the Federal
Insurance Administration.
d. Manufactured homes shall also meet the standards in Section 21.22.050(D).
B. Standards for utilities.
1. All new and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system and discharge from systems into
floodwaters.
2. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
C. Standards for subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the
base flood.
2. All final subdivision plans will provide the elevation of proposed structures and pads. If the site
is filled above base flood, the final pad elevation shall be certified by a registered professional
engineer or surveyor and provided to the floodplain administrator.
3. All subdivision proposals shall be consistent with the need to minimize flood damage.
4. All subdivision proposals shall have public utilities and facilities, (e.g., sewer, gas, electrical and
water systems) located and constructed to minimize flood damage.
5. All subdivisions shall provide adequate drainage provided to reduce exposure to flood hazards.
D. Standards for manufactured homes. All new and replacement manufactured homes and additions
to manufactured homes shall:
1. Be elevated so that the lowest floor is at or above the base flood elevation; and
2. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral
movement.
E. Floodways. Located within the areas of special flood hazard established in Section 21.22.030(B) are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions
apply:
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1. Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
2. If Section 21.22.050(E)(1) is satisfied, all new construction and substantial improvements shall
comply with all other applicable flood hazard reduction provisions of this Chapter.
21.22.060 - Variance Procedure
A. Appeal board.
1. The City Council shall hear and decide appeals and requests for deviations from the requirements
of this Chapter.
2. The City Council shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision or determination made by the floodplain administrator in the enforcement
or administration of this Chapter.
3. In passing upon applications, the City Council shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this Chapter; and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage, and the effect of
such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable.
f.
The availability of alternative locations for the proposed use that are not subject to flooding
or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the City's General Plan and floodplain management
program for the subject area;
1.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
J.
The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities, (e.g., sewer, gas, electrical, and water
systems, and streets and bridges.)
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4. Generally, a deviation may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items 21.22.060(A)(3)(d) through
21.22.060(A)(3)(k), above, have been fully considered. As the lot size increases beyond one-half
acre, the technical justification for issuing the variance increases.
a. Upon consideration of the factors in Section 21.22.060(A)(3), above, and the purposes of this
Chapter, the City Council may attach conditions to the granting of a deviation as necessary to
further the purposes of this Chapter.
b. The floodplain administrator shall maintain the records of all appeal actions and report any
deviation to the Federal Insurance Administration upon request.
B. Conditions for deviations.
1. Deviations may be issued for the reconstruction, rehabilitation, or restoration of structures listed
in the National Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this section.
2. Deviations shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
3. Deviations shall only be issued upon a determination that the deviation is the minimum
necessary, considering the flood hazard, to afford relief.
4. Deviations shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the deviation would result in exceptional hardship to the
applicant; and
c. A determination that the granting of a deviation will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local laws or ordinances.
5. Deviations may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use, provided that the
provisions of Subsections 21.22.060(B)(l) through 21.22.060(B)(4), above, are satisfied and that
the structure or other development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
6. Any applicant to whom a deviation is granted shall be given written notice that the structure will
be allowed to be built with a lowest floor elevation below the regulatory flood elevation, and that
the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain board in
the office of the Santa Clara County recorder and shall be recorded in a manner so that it appears
in the chain of title of the affected parcel of land.
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CHAPTER 21.26 - LANDSCAPING REQUIREMENTS
Sections:
21.26.010 - Purpose
21.26.020 - Landscaping Requirements for Individual Zoning Districts
21.26.030 - General Landscaping Requirements for All Zoning Districts
21.26.040 - Landscaping Maintenance Requirements
21.26.050 - Adjustments to Landscape Requirements
21.26.010 - Purpose
This Chapter provides standards for the provision of landscaping with development to achieve the
following objectives:
A. Enhance the aesthetic appearance of development throughout the City by providing standards related
to the quality and functional aspects of landscaping;
B. Increase compatibility between abutting land uses and public rights-of-way by providing landscape
screening and buffers;
C. Provide for the conservation of water resources through the efficient use of irrigation, appropriate
plant materials, and regular maintenance of landscaped areas; and
D. Protect public health, safety, and welfare by preserving and enhancing the positive visual experience
of the built environment, providing appropriate transition between different land uses, preserving
neighborhood character, and enhancing pedestrian and vehicular traffic and safety.
21.26.020 - Landscaping Requirements for Individual Zoning Districts
The landscaping requirements for individual zoning districts shall be as follows:
A. P-O (Professional Office), C-l (Neighborhood Commercial), P-F (Public Facilities):
1. All developments within the P-O, C-1, and P-F zoning districts shall be required to provide for
landscaping a minimum of 12 percent of the net site area.
2. Continuous landscaped areas a minimum of lO-feet wide shall be required along the public street
frontages of all developments, excluding driveways.
3. A 5-foot planter strip shall be provided along abutting property lines.
B. C-2 (General Commercial):
1. All developments within the C-2 zoning district shall be required to provide for landscaping a
minimum extent of 10 percent of the net site area.
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2. Continuous landscaped areas a minimum of lO-feet wide shall be required along the public street
frontages of all developments, excluding driveways.
3. A minimum 5-foot planter strip shall be provided along abutting property lines.
4. Where the frontage and perimeter landscaping requirement does not provide the minimum
coverage of 10 percent of the site area, additional landscaped areas in an amount which makes up
the difference shall be provided.
C. CoM (Controlled Manufacturing):
1. All developments within the C-M zoning district shall be required to provide landscaping a
minimum extent of 10 percent of the net site area.
2. A minimum 5-foot planter strip shall be provided along abutting property lines.
D. M-l (Light Industrial), M-l-A (Light Industrial/Adult Entertainment):
1. All developments within the M-l and M-I-A zoning districts shall be required to provide for
landscaping a minimum extent of 8 percent of the net site area.
2. Continuous landscape areas a minimum of lO-feet wide shall be required along the public street
frontages of all developments, excluding driveways.
3. A minimum 5-foot planter strip shall be provided along abutting property lines.
E. R-M, R-2, R-3 (Multiple-Family Residential):
1. All developments within the R-M, R-M-2, and R-M-3 zoning districts shall be required to provide
for landscaping a minimum of 20 percent of the net site area.
21.26.030 - General Landscaping Requirements for All Zoning Districts
A. Expansion of use or structure. Whenever an existing use or structure is expanded, required
landscaped areas shall be provided to the greatest extent feasible, including parking lot landscaping.
B.
Front yard areas. All required front yard areas in all zoning districts shall be landscaped, except
driveway areas.
C. Minimum size. Trees shall be a minimum of 15-gallon size and shrubs shall be a minimum of five-
gallon size.
D. Planter areas. Planter areas adjacent to driveways or parking areas shall be protected by 6-inch
concrete curbs or other acceptable barriers, as approved by the Community Development Director.
Nonporous materials shall not be placed under plants or trees.
E. Irrigation required. Landscaped areas shall be provided with a permanent automatic underground
irrigation system, or other acceptable irrigation systems as approved by the Community Development
Director.
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F. Water efficient.
Guidelines.
Landscaping shall be consistent with Campbell's Water-Efficient Landscape
G. Mix of materials. Required landscaping shall consist of turf, ground cover, shrubs, trees and
boulders in combination to provide attractive screening of parking lots and other paved areas.
Required landscaping shall consist of a variety of species and sizes.
H. Street frontage. Landscape areas along street frontages shall be measured at right angles to the street
and shall be exclusive of any parking overhang.
I. Parking lot landscaping. Parking lot landscaping shall be required in compliance with Chapter
21.28 (Parking and Loading).
J. Additional landscaping. If the required amount of frontage and/or perimeter landscaped areas is not
enough to meet the minimum amount of landscaping required for the zoning district, additional
landscaping shall be provided in other locations on the site.
K. Retain mature trees. New development shall retain or incorporate existing mature trees and
vegetation into the proposed site plan to the greatest extent feasible.
21.26.040 - Landscaping Maintenance Requirements
All landscaped areas shall be continuously maintained. Landscaped areas shall be watered on a regular
basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter.
Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.
21.26.050 - Adjustments to Landscape Requirements
The Planning Commission shall have the authority to adjust the landscaping requirements of this Chapter
for a specific use at a specific location so as to require either a greater or lesser amount of landscaping
when it determines that there are unique or special circumstances that warrant an adjustment. For all uses
not specified in this section, landscaping shall be required as specified by the Planning Commission.
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CHAPTER 21.28 - PARKING AND LOADING
Sections:
21.28.010 - Purpose
21.28.020 - Applicability
21.28.030 - General Parking and Loading Regulations
21.28.040 - Number of Parking Spaces Required
21.28.050 - Adjustments to Parking Requirements
21.28.060 - Disabled Parking Requirements
21.28.070 - Motorcycle and Bicycle Parking
21.28.080 - Development Standards for Off-Street Parking
21.28.090 - Driveways and Site Access
21.28.100 - Design of Parking Structures
21.28.110 - Loading Space Requirements
21.28.120 - Recreational Vehicle Parking
21.28.010 - Purpose
This Chapter is intended to ensure that adequate off-street parking and loading spaces are provided for
each type of land use. Off-street parking and loading areas are to be laid out in a manner that will ensure
their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from
their impact.
21.28.020 - Applicability
Every use and structure, including a change or expansion of a use or structure shall have appropriately
maintained parking and loading areas in compliance with the provisions of this Chapter. A use shall not
be commenced and structures shall not be occupied until improvements required by this Chapter are
satisfactorily completed.
21.28.030 - General Parking and Loading Regulations
A. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently
available, marked and maintained for parking or loading purposes for the use they are intended to
serve.
B. Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the
operation of a premises for which parking or loading spaces are required by this Chapter shall not
prevent, prohibit or restrict authorized persons from using these spaces without prior approval of the
Community Development Director.
C. Restriction of parking area use. Required off-street parking, circulation, and access areas shall be
used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the
sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes,
merchandise, or equipment, or for any other use not authorized by the provisions of this Code.
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D. Change in use. When there is a change in use that would require additional parking spaces, the
spaces shall be provided at the time of the change, in compliance with 21.28.040.C
(Expansion/remodeling of structure, or change in use.)
E. Conformance. Uses that were in existence at the time of adoption of this Chapter and that were in
conformance with the provisions of this Chapter at that time shall not become "nonconforming"
solely because the parking spaces provided do not meet the requirements of this Chapter. However, if
the use is enlarged or changed, parking spaces shall be provided as required in this Chapter.
21.28.040 - Number of Parking Spaces Required
A. Parking requirements by land use. Each land use shall be provided the number of parking spaces
required by Table 3-1, (Parking Requirements by Land Use) except where a greater number of spaces
are required through land use entitlement approval or where an adjustment has been granted in
compliance with Section 21.28.050 (Adjustments to Parking Requirements). Parking requirements
for the C-3 (Central Business District) are provided in Section 21.10.060 (C-3 (Central Business)
Zoning District).
B. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking
spaces required for each separate use; except where the site was developed comprehensively as a
shopping center, the parking ratio shall be that required for the shopping center as a whole unless a
reduction in the number of parking spaces required is allowed in compliance with Section 21.28.050
(Adjustments to Parking Requirements).
C. Expansion/remodeling of structure, or change in use.
1. When the use of a structure changes to a use that requires the same number of parking spaces as
the immediately previous use, the number of required parking spaces for the new use shall be the
same as the requirement for the previous use, regardless of the number of spaces actually
provided by the previous use provided that:
a. The previous use was legally established; and
b. No spaces were eliminated by the previous use.
2. When a legally established structure is enlarged or increased in capacity, or when a legally
established use is changed to one that requires more off-street parking than the existing or
previous use.
a. Only the number of parking spaces required for the addition needs to be provided; or
b. The difference in the required number of parking spaces for the new use and the existing use
only needs to be provided.
3. When a structure (or a portion of a structure) is intentionally demolished, any new use or
structure shall provide the number of parking spaces required by this Chapter.
4. Additional parking spaces shall not be required for an addition to a structure made solely for the
purpose of increasing access for disabled persons.
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D. Uses not listed. Land uses not specifically listed by Subsection A (Parking Requirements by Land
Use), above, shall provide parking as required by the Community Development Director. The
Community Development Director shall use the requirements of Table 3-1 as a guide in determining
the minimum number of parking spaces to be provided.
E. Rounding of quantities. When calculating the number of parking spaces required, any fraction of a
number shall be rounded up to the nearest whole number.
F. Company-owned vehicles. The number of parking spaces required by this Chapter, does not include
spaces needed for the parking of company-owned vehicles. Parking spaces to accommodate
company-owned vehicles shall be provided in excess of the requirements for a particular land use and
shall be screened from view from the public right-of-way.
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Land Use Type: Vehicle Spaces Required
Residential Uses -
In addition to the spaces required for the residential use, a
Child day care homes, large minimum of 3 additional spaces shall be required, including 2
loading spaces and I employee space.
Group quarters I space for each bed, plus 1 space for each employee living off the
(including lodging houses, rooming
houses and fraternities/sororities) premises.
2 covered spaces for each mobile home (tandem parking allowed
Mobile home parks in an attached carport), plus I guest parking space for each 4 units.
Guest parking standards see below* Recreational vehicle parking
shall be provided at the rate of 1 space for every 5 units.
Secondary dwelling units
(including caretaker and employee 2 spaces per unit, I of which must be covered.
housing)
Single-family dwelling 2 spaces for each unit, 1 of which shall be covered.
Multi-family dwellings:
In addition to the parking required below for apartments, 1
Apartments designated guest parking space for each 5 units or fraction
thereof*.
- One bedroom units 11/2 spaces for each unit, 1 of which shall be covered.
- Two or more bedroom units 2 spaces for each unit, 1 of which shall be covered.
Duplex 2 spaces for each unit, I of which shall be covered.
To wnho mes/ co ndomini urns
- One bedroom units 3 spaces for each unit, I of which shall be covered.
- Two or more bedroom units 31/2 spaces for each unit, 1 of which shall be covered.
Residential care facilities
(including assisted living facilities,
licensed care, unlicensed care, I space for each 2 beds.
residential care homes,
convalescent/rest homes, and
sanitariums)
Senior citizen housing I space for each 3 units.
Transitional housing / emergency I space for each 3 beds.
shelters
Education. Public Assembly and Recreation
Commercial day care center I space for each employee plus 1 space for each 5 children.
Schools:
Elementary/junior high 1.5 spaces for each classroom, plus I space for each 75 sq. ft. of
assembly area.
High school 10 spaces for each classroom, plus 1 space for each 75 sq. ft. of
assembly area.
Commercial schools, specialized 15 spaces for each classroom, plus I space for each 75 sq. ft. of
education, trade and business schools assembly area.
Studios - art, dance, music,
photography, etc. I space for each 200 Sq. ft. of gross floor area.
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Table 3-1
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Land Use Type: Vehicle Spaces Required
Public facilities:
Community/cultural/ rècreational center 1 space for each 200 SQ. ft. of gross floor area
Libraries, museums, art galleries 1 space for each 200 SQ. ft. of gross floor area.
Public assembly:
Places of public assembly I space for each 4 seats, plus I space for each 40 sq. ft. of public
assembly seating area, if the seats are not fixed.
Entertainment and recreation:
Arcades and indoor 1 space for each 200 sq. ft. of gross floor area.
amusement/recreation centers
Bowling alleys 4 spaces for each lane plus required spaces for ancillary uses.
Health/fitness centers 1 space for each 150 SQ. ft. of gross floor area.
Pool and billiard rooms 4 spaces for each table plus required spaces for ancillary uses.
Private clubs 1 space! for each 200 SQ. ft. of gross floor area.
Skating rinks 1 space for each 400 sq. ft. of gross floor area plus required spaces
for ancillary uses.
Tennis/racquetball/handball or other 2 spaces for each court, plus 1 space for each 300 sq. ft. of gross
courts floor area used for ancillary uses.
Theaters, concert halls, banquet 1 space for each 3 fixed seats or 1 space for each 35 sq. ft. of gross
facilities assembly area where fixed seating is not provided.
Manufacturinl! and Processin2
General manufacturing, industrial, and 1 space for each 400 sq. ft. of gross floor area.
processing uses
Research and development, laboratories 1 space for each 250 sq. ft. of gross floor area.
Warehouses and storage facilities (not 1 space for each 400 sq. ft. of gross floor area.
including mini-storage for personal use) Motor Vehicle and Related Retail Trade and Services
Motor vehicle parts and supplies (very 1 space for each 350 sq. ft. of gross floor area.
limited maintenance/installation)
Motor vehicle repair and maintenance 1 space for each 350 sq. ft. of gross floor area, plus 2 spaces for
each service bay.
Service stations and oil change facilities 1 space for each 250 sq. ft. of gross floor area, plus 3 spaces for
each service bay.
Motor vehicle, boat, or trailer sales, In addition to spaces provided for merchandise display, 1 space for
leasing, and renting each employee plus 2 spaces for each service bay.
Self-service vehicle washing 2 spaces for each washing stall, for queuing and drying.
Full-service vehicle washing 1 space for each 250 sq. ft. of gross floor area, plus 10 spaces for
each wash lane in the drying area.
Retail Trade
Banks and financial services 1 space for each 350 sq. ft. of gross floor area.
Building materials, hardware stores, 1 space for each 300 sq. ft. of indoor display area, plus 1 space for
garden centers and plant nurseries each 1,000 sq. ft. of outdoor display area.
Furniture stores 1 space for each 400 sq. ft. of gross floor area.
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ParkinS! Requirements >v an se
Land Use Type: Vehicle Spaces Required
Retail stores, shopping centers, 1 space for each 200 sq. ft. of gross floor area, but not less than 2
spaces per use, plus 1 space for each 1,000 sq. ft. of outdoor
speculative commercial buildings display area.
Warehouse retail stores 1 space for each 300 sq. ft. of gross floor area.
Services
Services, general 1 space for each 250 sq. ft. of gross floor area, but not less than 2
spaces per use.
Hotels and motels 1 space for each unit, plus 1 space for each employee.
Professional offices 1 space for each 225 Sq. ft. of grOSS floor area.
Medical services:
Medical, dental clinic, offices, and 1 space for each 200 sq. ft. of gross floor area.
laboratories
Hospitals, extended care 1'4 space for each bed, plus 1 space for each 400 sq. ft. of office
area, plus reQuired spaces for ancillarv uses
Restaurants:
Eating/drinking establishment 1 space for each 3 seats.
(no drive-thru)
Drive-thru restaurant 1 space for each employee, plus 1 space for each 40 sq. ft. of gross
floor area.
Restaurants, delicatessens, take out 1 space for each 250 sq. ft. of gross floor area, but not less than 2
only, no customer seating spaces per use.
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21.28.050 - Adjustments to Parking Requirements
The Planning Commission shall have authority to adjust these requirements for a specific use at a specific
location to require either a greater or lesser number of parking spaces or a change in other standards of
this Chapter when it determines that circumstances warrant an adjustment. Adjustments to off-street
parking requirements may be allowed subject to the finding of the Planning Commission that adequate
parking, circulation, and access are provided for all users. Adjustments may include, but are not limited
to, the following:
A. Shared parking reduction. Where two or more uses have distinct and differing peak parking usage
periods (e.g. a theater and a bank), share customers (e.g. a restaurant and a retail store) or a mixed-use
project (e.g. retail on the ground floor and apartments on the second floor) the Planning Commission
may approve a reduction in the required number of parking spaces. The applicant is responsible for
providing sufficient data, including a parking study, if required by the Community Development
Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to
make joint use of the parking facilities.
B. Alternative transportation incentive. As an incentive for the encouragement of the use of
alternative transportation methods, the Planning Commission may allow a reduction in the number of
required parking spaces. Examples of measures that may be considered include the following:
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1. Preferential parking spaces. Specially marked parking spaces for use by participants in a car
pool or similar program designed to promote the sharing of rides or joint use of motor vehicles
provided in a location convenient to building entrances.
2. Transit oriented developments. Projects within 1,4 mile of a Light Rail station.
3. Bicycle facilities. Secured bicycle parking.
21.28.060 - Disabled Parking Requirements
Parking areas shall include parking spaces accessible to the disabled in the following manner.
A. Fulfilling of requirements. Disabled accessible parking spaces required by this Chapter shall count
toward fulfilling the parking requirements of this Chapter.
B. Number of spaces, design standards. Parking spaces for the disabled shall be provided in
compliance with the Uniform Building Code and the Federal Accessibility Guidelines.
C. Reservation of spaces required. Disabled access spaces shall be reserved for use by the disabled
throughout the life of the use.
D. Residential multi-family uses. For each dwelling unit required to be designed to accommodate the
physically handicapped or required to be made adaptable for the physically handicapped, the required
covered parking shall be designed as required by Part 2, Title 24, California Administrative Code.
E. Upgrading of markings required. If amendments to State law change standards for the marking,
striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in
compliance with the new State standards.
21.28.070 - Motorcycle and Bicycle Parking
Developments that provide 20 or more parking spaces are encouraged to designate parking facilities for
bicycle and motorcycle parking. Where facilities are provided to accommodate bicycles and motorcycles,
the Planning Commission may adjust the required number of parking stalls for a specific use.
21.28.080 - Development Standards for Off-Street Parking
Off-street parking areas shall be designed and constructed in compliance with the following standards:
A. Location. Off-street parking spaces shall be provided on the same site as the use outside of any
public right-of-way, except that the Planning Commission may approve parking for non-residential
uses on a parcel directly abutting the parcel subject to the recordation of a covenant running with the
land recorded by the owner of the parking area guaranteeing that the required parking will be
maintained for the life of the use or activity served.
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B. Access to parking areas and parking stalls.
1. Parking space access. Except for one and two family dwellings, all parking facilities shall be
designed so that no parking space blocks the access to another parking space or driveway.
2. On-site maneuverability. Except for one and two family dwellings, parking areas shall provide
suitable on-site maneuvering room so that vehicles do not back out into the street.
3. Required yards. Parking areas shall not be developed in a required front or side yard fronting on
a public street.
4. Relationship to the public-right-of-way. No entrance to a garage or carport shall be closer than
25 feet to a public right-of-way. When a garage entrance does not face the street, the entrance to
the garage or carport shall be no closer than 25 feet.
5. Adjacent site access. Applicants for nonresidential uses shall provide shared vehicle and
pedestrian access between adjacent nonresidential properties for convenience, safety and efficient
circulation, as practical. A joint access agreement guaranteeing the continued availability of the
shared access between the properties and running with the land shall be recorded by the owners of
the abutting properties, as approved by the Community Development Director.
6. Car pool and bicycle spaces. Car pool and bicycle spaces shall be located as close as is practical
to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do
not obstruct the flow of pedestrians at entrances or sidewalks.
7. Guest parking spaces. Guest parking spaces shall be clearly marked for guest parking only and
shall be dispersed throughout the development site.
8. Shared driveways. Nonresidential projects and mixed-use projects shall consolidate driveways
to reduce the amount of curb cuts and paving, where possible.
C. Parking space dimensions.
1. Residential uses. The minimum dimensions for residential parking spaces shall be nine feet by
20 feet.
2. Nonresidential uses. Minimum parking dimensions shall be as follows:
a. Standard parking space dimensions shall be nine feet by 20 feet.
b. Compact parking space dimensions shall be eight feet by 16 feet. The total number of
compact parking spaces on any site shall not exceed 25 percent of the total required parking.
c. Uni-stall parking space dimensions shall be eight and a half feet by 18 feet. Developments
shall not use uni-stalls in conjunction with standard or compact parking spaces.
d. Parallel parking space dimensions shall be nine feet by 22 feet.
D. Parking diagrams and table. The width of aisles in parking lots and minimum dimensions shall
be provided in compliance with this Chapter and Table 3-2 and Figure 3-7.
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30° Parking Spaces
45° Parking Spaces
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0° Parking (Parallel)
Figure 3-7
Illustration of Parking Dimensions
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StandardParkillg Space
Angle Stall Width Stall Length Stall Depth Aisle Width Total Module Width
(A) (B) (C) (D) (One Way Aisle) (F)
(E)
0° 9' 22' 9' 12' 30'
30° 9' 20' 17' -9" 15' 50' -6"
45° 9' 20' 20' -6" 15' 56'
60° 9' 20' 21' -9" 16' 59' -6"
90° 9' 20' 20' 25' * 65'
Compact ParkingSpaèe
30° 8' 16' 15' 15' 45'
45° 8' 16' 16'-9" 15' 48' -6"
60° 8' 16' 17' -9" 16' 51'-6"
90° 8' 16' 16' 25' * 57'
Uni-stall~arking Space
0° 8' -6" 22' 8'-6'" 12' 29'
30° 8' -6" 18' 16' -6" 15' 48'
45° 8' -6" 18' 18-9" 15' 52' -6"
60° 8' -6" 18' 19' -9" 16' 55' -6"
90° 8' -6" 18' 18' 25' * 61'
*Two-way aisle dimension
E. Drive-through windows. For each use that provides drive-through window service to occupants of
vehicles, there shall be a queuing lane of not less than 150 feet in length and 12 feet in width. The
queuing lane shall not block any parking space of any portion of a traffic lane.
F. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security
and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-
site structure(s). All illumination, including security lighting, shall be directed downward, away from
adjacent properties and public rights-of-way in compliance with Section 21.16.060, (Outdoor Light
and Glare).
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G. Landscaping. Parking lot landscaping shall be provided in compliance with Chapter 21.26
(Landscaping Requirements) and the following additional requirements:
1. Perimeter parking lot landscaping. The minimum dimensions of street frontage and perimeter
landscaping shall be provided in compliance with the dimensions outlined in Chapter 21.26
(Landscaping Requirements).
2. Interior parking lot landscaping. Where 25 or more parking spaces are provided, an interior
parking lot landscaped area shall be required in addition to the frontage and perimeter landscaped
areas. Interior landscaped area(s) shall be provided at a rate of 20 square feet of landscaping for
each parking space.
3. Landscape materials. Landscaping materials shall be provided throughout the parking lot area
using a combination of trees, shrubs, and ground cover. Drought-tolerant landscape materials
shall be emphasized.
4. Trees. Where 25 or more parking spaces are provided, a minimum of one tree per 8 parking
spaces, or any fraction thereof, shall be required. Tree spacing shall be provided at a minimum to
provide a tree canopy over the parking lot.
S. Screening. A combination of landscaping and decorative walls, in compliance with Section
21.18.060 (Fence, Walls, Lattice and Screens) shall be located around parking areas as a visual
screen.
6. Curbing. Areas containing plant materials shall be bordered by a concrete curb at least 6-inches
high and 6-inches wide. Alternative barrier designs may be approved by the decision making
body.
7. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of
the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving or
the walkway may be increased, allowing a two-foot bumper overhang while maintaining the
required parking dimensions. Bumper overhang areas shall not encroach into required walkways,
required landscape areas, or right-of-way.
H. Striping and identification.
1. Vehicular. Parking spaces shall be clearly outlined with 4-inch wide lines painted on the surface
of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly
marked with directional arrows and lines to ensure safe traffic movement. Compact and carpool
spaces shall be clearly identified for compact vehicle and carpool usage.
2. Disabled. Parking spaces for the disabled shall be striped and marked so as to be clearly
identified in compliance with the applicable State standards.
I. Surfacing.
1. Motorcycle and vehicular. Parking spaces and maneuvering areas shall be paved and
permanently maintained with asphalt, concrete, or other all-weather surfacing approved by the
Community Development Director. Grass block cells are not allowed.
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2. Hollywood drives.
driveways.
Hollywood drives shall be allowed for one and two-family residential
3. Overflow Parking Areas. Pervious paving materials shall be used for overflow parking areas to
the extent possible.
J. Pedestrian walkways. Nonresidential developments shall provide separate walkways through the
parking lot that connect on-site buildings and public sidewalks, to the greatest extent feasible.
K. Drainage.
1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels.
2. Parking lots shall be designed in compliance with the storm water quality and quantity standards
of the City's Best Management Practices, and shall be approved by the City Engineer. To the
extent feasible, parking lot designs shall reduce the amount of storm water flow and pollutants
from entering the storm drain system.
21.28.090 - Driveways and Site Access
Driveways providing site access shall be from an improved street, alley, or other public and/or private
right-of-way, and shall be designed, constructed, and maintained as follows:
A. Driveway separation. Driveways shall be separated along the street frontage as follows:
1. Single-family and duplex residential development. Driveways shall be a minimum of five feet
from side property lines, unless a shared, single driveway is approved by the Community
Development Director. The setback does not include the transition or wing sections on each side
of the driveway.
,'. .'
,.
Figure 3.8
Driveway separation
2. Multi-family and nonresidential development. Where two or more driveways serve the same
or adjacent multi-family or nonresidential development, the centerline of the driveways shall be
separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of
the City Engineer.
B. Driveway width and length.
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1. Single-family and two-family uses.
a. Each single-family dwelling shall provide a minimum eight-foot wide paved driveway
continuous from the street or other public right-of-way providing access to the property,
garage, or carport.
b. The minimum length for a driveway shall be 25 feet.
2. Multi-family, townhome, condominium, and nonresidential uses. Driveways for all uses,
except single-family and two-family uses, shall be governed by Table 3-2 (Off-Street Parking
Dimensions) and Figure 3-7 (Drive Aisle and Parking Space Dimensions for Non-residential
Uses) except that in no case shall a one-way driveway be less than 10 feet in width and a two way
driveway be less than 20 feet in width.
21.28.100 - Design of Parking Structures
A. Architectural character. Parking structures visible from street frontages shall be designed to be
compatible with the architectural detailing and quality of adjacent buildings. Long blank walls
adjacent to pedestrian sidewalks shall be avoided. Whenever appropriate, retail uses should be
integrated into the ground floor of the structure adjacent to the public sidewalk.
B. Access ramps. Access ramps shall be located within the structure and separate from exterior walls.
21.28.110 - Loading Space Requirements
A. Number of loading spaces required. Off-street loading spaces shall be the minimum number
required to adequately serve the building or use or in amounts as required by the Planning
Commission.
B. Development Standards for loading areas. Loading areas shall be provided in the following
manner:
1. Dimensions. Loading spaces shall be not less than 12 feet in width, 25 feet in length, with 14
feet of vertical clearance.
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for
security and safety. Lighting sources shall be shielded to prevent light spill beyond the property
line. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent
structure(s). Lighting shall meet the requirements for light and glare in Section 21.16.060,
(Outdoor Light and Glare);
3. Loading doors and gates. Loading bays and roll-up doors shall be painted to blend with the
exterior structure walles) and be located on the rear of the structure only. Bays and doors may be
located on the side of a structure, away from a street frontage, where the Community
Development Director determines that the bays, doors, and related trucks will be adequately
screened from the public right-of-way.
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4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile
drawing showing the ramp, ramp transitions, and overhead clearances.
5. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if
feasible.
b. Situated to ensure that the loading facility is screened from adjacent streets as much as
possible.
c. Situated to ensure that loading and unloading takes place on-site and in no case within
adjacent public rights-of-way or other traffic areas on-site.
d. Situated to avoid adverse impacts upon neighboring properties.
6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance
with Section 21.18.120 (Screening and Buffering).
7. Impacts. All loading areas shall be designed to be sensitive to visual and noise impacts. This
may include larger setbacks from adjacent properties, screening walls, substantial landscaping,
acoustic materials, equipment usage, and building modifications.
8. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces
for "loading only." The striping shall be permanently maintained by the property owner/tenant in
a clear and visible manner at all times.
21.28.120 - Recreational Vehicle Parking
A. Requirements. Recreational vehicles may be parked in residential zoning districts in compliance
with the following requirements:
1. Recreational vehicles shall be parked on private property and shall not be parked on or over a
public sidewalk or within the public right-of-way;
2. Recreational vehicles shall be parked on a paved surface;
3. Recreation vehicles shall not impede safe entry to or exit from any residential structure and shall
not inhibit emergency access to and from any structure;
4. Recreational vehicles shall not be used for living or sleeping purposes, unless otherwise approved
by the Building Official.
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CHAPTER 21.30 - SIGNS
Sections:
21.30.010 - Purpose
21.30.020 - Definitions
21.30.030 - Administrative Procedures
21.30.040 - Exemptions
21.30.050 - Prohibited Signs
21.30.060 - Number and Surface Area
21.30.070 - Temporary Signs
21.30.080 - Permanent Signs
21.30.090 - Nonconforming Signs
21.30.100 - Maintenance and Repair
21.30.110 - Abatement of Temporary Signs
21.30.010 - Purpose
This Chapter regulates the height, size, location, duration, and design of signs for the following purposes:
A To preserve and improve the visual quality of the City;
B. To eliminate hazards to pedestrians and motorists brought about by distracting sign displays;
C. To ensure architectural compatibility with adjacent buildings and the surrounding environment;
D. To promote the economic vitality of the City by maintaining the identification, visibility and
individual character of each business;
The City recognizes the economic need for a sign to function as a means of business and product
identification. This Chapter is intended to allow a reasonable amount of signing for business, product and
building identification so as to provide adequate information to the public without creating a cluttered
visual environment. These regulations shall apply to all zoning districts in addition to any specific
provisions in the applicable zoning district regulations. The City Council finds that any and all violations
of this Chapter unnecessarily detract from the public health, safety, and welfare and are indecent and
offensive to the senses in that they unnecessarily clutter the environment and therefore constitute a public
nuisance.
21.30.020 - Definitions
Animated. Any sign which includes action or motion or the optical illusion of action or motion, changes
in intensity of illumination, or color changes of all or a part of the sign facing, which actions or changes
require an energy source or are set in motion by movement of the atmosphere. Banners or flags are
considered animated signs.
Business. Each commercial tenant or nonresidential occupancy located within the nonresidential zoning
districts of the City of Campbell.
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Business frontage. The linear length of that portion of a building (normally where the main entrance is
located) in which a business is located that faces a street, parking lot, pedestrian mall, arcade, or walkway.
Civic event. A community event of general public interest taking place within the City, which promotes
or serves as a fundraiser for a nonprofit organization.
Civic organization. A nonprofit organization whose activities benefit the community (e.g., chamber of
commerce, fire fighters association, boy scouts, girl scouts, churches, and school districts).
Commercial center. Two or more commercial, professional or industrial businesses in the same building
or group of buildings, which also share common street access and/or parking areas. "Commercial Center"
includes "Shopping Center".
Freestanding sign. A sign substantially or completely detached from the building and not projecting
through the roof or eaves of a building.
~
~
Figure 3-9
Freestanding sign
Freeway-oriented signs. Signs which are proposed to be oriented to or which are intended to be viewed
primarily from freeways, expressways, or public facilities.
Height. The vertical distance from the adjacent finished grade to the highest portion of the sign structure.
Accentuated grades (e.g., planter boxes) above natural grade levels immediately under or contiguous to a
freestanding sign shall be included in the calculation of height.
Off-site sign. A sign, located in either the public right-of-way or on a parcel different from that occupied
by the business or activity advertised or identified, or which is otherwise not an on-site sign.
On-site sign. A sign relating in its subject matter to the premises on which it is located or to products,
accommodations, services, or activities on the premises.
Permanent sign. Every sign except "Temporary Sign" as defined in this section.
Political sign. A sign which is intended to influence the vote for the passage or defeat of a measure, or
for the election or defeat of a candidate for nomination or election in any governmental election.
Promotional devices. Temporary items other than signs used to attract attention toward a business (e.g.,
streamers, flags, searchlights, balloons, etc.).
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Readerboard sign. A sign intended for a periodically changing advertising message.
Real estate sign. A temporary sign indicating a particular premises or parcel is for sale, lease or rent or
open for viewing (e.g., sign advertising an open house).
Roof sign. A sign that is mounted upon a roof or above a parapet or eave of a building or structure or
above the highest point of the ridgeline.
",:',',",',:; <': ',',': ":,','",',,,,;:',' ,','.'; "","::
D
:',",
Figure 3-10
Roof sign
Running neon. Neon lighting that outlines the shape or architectural elements of a structure.
Sign. Any device used for the purpose of advertising or identifying and placed so as to be seen from the
exterior of the building or premises on which it is located.
Temporary sign. Any sign displayed for infrequent and/or limited time periods.
Wall sign. A sign that is painted on, attached to, or erected against a wall of a building or structure.
SIGN
[J
, ,
Figure 3-11
Wall sign
Window sign. Any sign that is temporarily attached to or lettered on the exterior or interior of a store
window or is located inside a building in a manner that it can be seen from the exterior of the structure.
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Signs
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21.30.030 - Administrative Procedures
A. Sign Permit required. Signs, including temporary and permanent signs (except those exempt. from
these regulations as provided in Section 21.53.040) shall not be erected, created, altered, or allowed to
be located (regardless of whether or not it is initially erected, or painted by the property owner or
lessee) unless:
1. A Sign Permit has been issued by the Community Development Director in compliance with the
regulations of this Chapter
2. A Building Permit has been issued by the Building Official, as required by the codes and
ordinances of the City.
3. Any illegal or nonconforming signs associated with the business are made to comply with the
provisions of this Chapter.
B. Permit expiration. Any building permits or sign approvals issued by the City shall expire six
months from the date of approval unless the sign has been erected in compliance with the approvals.
C. Signs requiring City Council or Planning Commission approval. The following signs shall
require approval of the Planning Commission or the City Council in compliance with the regulations
of this Chapter:
1. Freeway-oriented signs. Freeway-oriented signs shall be considered by the City Council upon
recommendation from the Planning Commission. Applications for these signs shall be
considered by the Planning Commission in the same manner as architectural and site approval
applications and in compliance with regulations provided in this Chapter.
2. Off-site signs. Off-site signs shall require approval by the Planning Commission to ensure that
their location and size will not limit driver or pedestrian visibility or create other safety hazards.
Additionally, the Commission shall ensure the sign represents the minimum area necessary to
convey the message and is compatible with the surrounding area.
3. Readerboard signs. Readerboard signs shall be reviewed and decided upon by the Planning
Commission.
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4. Signs that exceed the requirements of this Chapter. The Planning Commission may authorize
additional signs, increased sign area, increased sign height, temporary off-site directional signs, or
longer time periods for temporary signs, when it determines the following:
a. The use or uses for which the signs are to be erected would not be adequately identified
without modification of the sign standards; or
b. The site is unusually difficult to locate in comparison to similar uses without exceeding the
sign standards; or
c. The use is of a size and is located in reference to surrounding uses and/or the traffic
circulation system so that a larger, higher or temporary off-site directional sign, or longer
time period would best serve the public welfare and would be in keeping with the purposes of
this Chapter.
5. Sign applications referred by the Community Development Director. The Community
Development Director shall have the option of referring an application for a Sign Permit to the
Planning Commission for its review and decision.
D. Application form and content. An application, signed by the property owner or duly authorized
agent, for a Sign Permit shall be filed with the Community Development Department. The
application shall contain information regarding the size, color, illumination (intensity and type),
materials, number, location, type of signs, and the location of the business on the site, and any other
information determined necessary by the Community Development Director.
E. Approval of permit. A Sign Permit shall be approved, provided that:
1. Inspection of the site and the proposed sign and review of the plans disclose that all the
regulations of this Chapter pertaining to signs will be complied with. The decision making body
may attach the conditions as are necessary to carry out the intent of this Chapter.
2. The owner and/or applicant agree to abide by the sign regulations and conditions imposed.
F. Appeals from decisions. A decision of the Community Development Director or Planning
Commission may be appealed in compliance with Chapter 21.62 (Appeals)
G. Master Sign Plan required.
1. Applicability. New nonresidential projects with four or more tenants shall require the approval
of a Master Sign Plan in conjunction with the applicable development application prior to
issuance of a Sign Permit. Major rehabilitation work that involves the exterior remodeling of an
existing nonresidential project with four or more tenants shall also require approval of a Master
Sign Plan prior to issuance of a Sign Permit. For the purposes of the Chapter, major
rehabilitation means adding more than 50 percent to the total square footage of the
buildinglbuildings, or exterior redesign of more than 50 percent of the length of the building's
façade within the development.
2. Design elements. Signs covered by a Master Sign Plan shall have the following elements:
a. Uniform background in terms of color, illumination, and materials;
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b. Letter colors that are consistent with the approved sign program;
c. Uniform sign type (e.g., channel letters or cabinet sign); and
d. Uniform location with building's design.
3. Findings. In approving a Master Sign Plan, the decision making body shall make the following
findings:
a. That the signs are consistent with the requirements of this Chapter.
b. That the size, shape, color, and placement of the signs are compatible with the buildings they
identify and are compatible with the visual characteristics of the surrounding area so as not to
detract from or cause to decrease the value or quality of adjacent properties.
c. That both the location of the proposed signs and the design of their visual elements (lettering,
words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal
viewing conditions.
d. That the location and design of the proposed signs do not obscure from view or unduly
detract from existing or adjacent signs.
e. That the location and design of the proposed signs (e.g., size, shape, illumination, and color)
are compatible with the visual characteristics of the surrounding area so as not to detract from
or cause to decrease the value or quality of adjacent properties.
f.
That the location and design of signs in close proximity to any residential district does not
adversely affect the quality or character of the residential area.
21.30.040 - Exemptions
The following signs shall be exempt from the regulations in this Chapter.
A. Architectural features. Integral decorative or architectural features of buildings, except letters,
trademarks, or moving parts.
B. Construction signs. One on-site sign not exceeding 32 square feet in area, for each display surface,
announcing the name and character of any multifamily residential, commercial, or industrial complex,
either to be constructed or under construction, shall be allowed provided that the sign shall be
removed within three months after final inspection of the building by the City. A maximum of two
display surfaces are allowed per sign.
C. Garage sale signs. Garage sale signs not exceeding a total area of twelve square feet, provided that
the signs are located on the site of the event advertised and are removed at the end of the last day of
sale.
D. Governmental signs. Legal notice, identification, informational, safety, or directional signs erected
or required by governmental bodies or public utilities.
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E. Identification signs. On-site signs not exceeding one and one-half square feet in area and bearing
only property numbers, post office box numbers, names of occupants of premises, or other
identification of premises.
F. Informational or directional signs. On-site signs directing and guiding traffic and parking on
private parking, but bearing no advertising matter and having a display area of less than six square
feet.
Figure 3-13
Directional sign
G. Maintenance of legal signs. Normal maintenance of existing legal signs provided the maintenance
of a damaged sign does not exceed 50 percent of the replacement value of the sign and that building
permits are obtained, when necessary.
H. Real estate signs in residential zoning districts. Temporary on-site signs not exceeding 12 square
feet in aggregate total display area pertaining to the prospective sale, rental, or lease of residential
single-family and two-family residential property. One sign per street frontage shall be allowed. In
addition, one on-site open house sign is allowed per lot, provided the total allowable sign area is not
exceeded, and the sign is removed at the end of each day of the open house event. Off-site open
house signs to direct people to a property offered for sale, rent, or lease during an open-house event
are allowed provided they are located on private property, have the consent of the property owner
where they are located, are limited to one per residentially zoned parcel, do not exceed 12 square feet
in total sign area, and are removed at the end of each day of the open house event.
I. Repainting or refacing. Repainting or refacing an existing, conforming, legally created sign so long
as there is no change in advertising display area, colors, materials, illumination or structural size,
height, or design of the sign. A change in lettering to accommodate a new business name is not
considered a change in the design of the sign.
J. Political signs. Political signs posted for no more than 75 days, subject to the following conditions:
1.
Signs shall be removed within 15 days after the election to which it relates.
2.
Signs shall be a maximum of 12 square feet and no more than 8 feet in height.
3.
Signs shall not be placed in the public right-of-way, nor on any City-owned property.
K.
Symbols and insignias. Flags and insignia of any government except where displayed in
connection with commercial promotion.
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L. Window signs. Window signs temporarily attached to or lettered on the exterior or interior of a store
window for nonresidential uses, provided that the signs do not exceed 25 percent of the window area
per facade. For the purposes of calculating window sign area, sign area shall not include seasonal or
holiday graphic displays that do not include the name, products, or services of the occupant.
M. Bus shelter signage. Signs installed and displayed by a public entity in compliance with an executed
agreement with the City on bus shelters as follows:
1. Signs as necessary to convey transit information to transit users,
2. Other signage of up to 50 square feet in sign area per bus shelter.
N. Display and use of the United States and California flags. Display and use of the United States
and California flags shall conform to Federal and State regulations.
21.30.050 - Prohibited Signs
The following signs are prohibited in the City unless authorized by the Planning Commission as specified
in Section 21.30.030:
A. Abandoned signs. Signs located on property that became vacant and unoccupied for a period of 90
days or more, and any sign that was erected for an occupant or business unrelated to the present
occupant of the premises, and any sign that pertains to a time, event, or purpose that no longer
pertains, shall be presumed to have been abandoned. Abandoned signs are prohibited and shall be
promptly removed by the owner of the premises.
B. Animated, moving, flashing signs. Signs shall not move, rotate, or be animated by flashing or
traveling lights, with the exception of time and temperature displays.
C. Freeway-oriented signs. Except as allowed by Section 21.30.030.c.1.
D. Portable signs. Signs that are not permanently attached to the ground or a permanent structure (e.g.,
A-frame signs and sandwich-board signs).
E. Promotional devices.
F. Roof-mounted signs.
G. Signs attached to trees or utility poles. Signs attached to any tree or other landscape material,
utility poles, traffic control devices, light poles, and similar structures not originally intended to
support signs.
H. Signs on vehicles. The parking of any vehicle or trailer on either public or private property which
has attached any sign that is intended to attract the attention of the public or direct the public to a
business is prohibited. This section is not intended to apply to standard identification practices where
the displays are painted on or permanently attached to a business or commercial vehicle which is
actively being used by the business on a regular basis.
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I.
Other signs. All other signs not specifically allowed by or exempt from these regulations are
prohibited.
21.30.060 - Number and Surface Area
A. Number of signs. A sign shall be considered to be a single display device containing elements
organized, related, and composed to form a single unit. Where material is displayed in a random
manner without organized relationship of elements, each element shall be considered to be a single
sign.
B. Surface area. The surface area of a sign shall be computed as including the entire area of the sign
within a regular geometric form or combinations of regular geometric forms comprising all of the
display area of the sign and including all of the elements of the material displayed. Frames and
structural members not bearing advertising material shall not be included in computation of surface
area. When the size of a sign is regulated, the regulation refers to one display surface only. On a sign
having more than one display surface, each display surface may equal the maximum dimensions
prescribed in the regulation unless otherwise approved.
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21.30.070 - Temporary Signs
A. Temporary Sign Permit. Temporary signs may be allowed subject to the approval of a Temporary
Sign Permit and in compliance with the standards for individual sign types provided in this section
and the following standards:
I. Signs shall not extend over or past any curb into or street.
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2. Signs shall not be attached to poles supporting streetlights, traffic signals, traffic signs, nor shall
signs be attached to any trees.
3. Signs shall not overhang a sidewalk unless a minimum of seven feet of vertical clearance is
provided between the sign and the sidewalk.
4. Signs shall not be placed in a street median.
5. Other conditions of approval may be issued with the temporary sign permit to ensure compliance
with the above requirements and criteria.
B. Temporary signs. Each business shall be allowed temporary signs and/or promotional devices in all
nonresidential zoning districts as specified in this section.
1. Each business may display temporary signs or allowed promotional devices for a maximum of 30
days within any 180-day period.
2. No more than two temporary signs are allowed per business at any time.
3. The total sign area for all temporary signs shall be 40 square feet.
4. Temporary signs shall be attached and parallel to the building wall and may not project above the
height of the building tenant space occupied by the business that is the subject of the advertising
message.
5. Signs shall be placed entirely on the site occupied by the business. Signs shall not be placed in or
encroach into the public right-of-way.
C. On-site civic event signs. On-site signs advertising civic events may be allowed in compliance with
the criteria and specifications of Subsection B, above.
D. Off-site civic event signs.
1. Off-site civic event signs may be allowed for a maximum of 30 days in compliance with the
following standards.
2. All off-site civic event signs shall comply with requirements of this section. Off-site civic event
signs shall not exceed a maximum of 12 square feet. The signs may be placed within the public
right-of-way, provided they do not impair the visibility, safety, or otherwise represent a hazard.
The number and location of signs shall be approved by the City in conjunction with the temporary
sign permit with the following requirements:
a. Signs shall not extend over or past any curb into or street.
b. Signs shall not be attached to poles supporting streetlights, traffic signals, traffic signs, nor
shall signs be attached to any trees.
c. Signs shall not overhang a sidewalk unless a minimum of seven feet of vertical clearance is
provided between the sign and the sidewalk.
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d. Signs shall not be placed in a street median.
e. Other conditions of approval may be issued with the temporary sign permit to ensure
compliance with the above requirements and criteria.
3. Civic event banners may be placed above public streets with the approval of a temporary sign
permit. The size, location, and duration of the banners shall be specified in the approved
temporary sign permit. Civic event banners shall not exceed 100 square feet in area and shall be
secured against wind and have sufficient clearance to avoid posing a safety hazard to pedestrians
or motorists. The banner shall be erected no more than 30 days prior to the event and shall be
removed within 72 hours after conclusion of the event.
E. Real estate signs in nonresidential zoning districts. On-site real estate signs located in any zoning
district, except single-family or two-family residential zones, may be allowed as provided below:
1. Freestanding real estate signs. Freestanding real estate signs may be allowed in compliance
with the following standards:
a. The site is vacant, or
b. The buildings on the site are undergoing or have recently been remodeled or newly
constructed in excess of 25 percent of the building area, or
c. The applicant can reasonably demonstrate the building on a single building site or the
commercial center is currently, or will be at least 25 percent un-leased at the time the sign is
to be erected.
d. One real estate sign shall be allowed per street frontage.
e. The sign shall be a maximum of 8 feet in height.
f.
The sign shall be a maximum of 32 square feet per sign face, with a maximum of two faces
per sign.
g. The sign may be displayed for one year or until the building or space is sold, rented, or
leased, whichever occurs first, unless the following conditions exist:
(1) The building or commercial center is 25 percent un-leased.
(2) The site is vacant. Real estate signs on vacant sites shall be removed prior to transfer of
title.
2. Building-mounted real estate signs. Building-mounted real estate signs may be allowed in
compliance with the following standards.
a. Building-mounted real estate signs may be used in-lieu of a freestanding sign described in
Subsection (E)( 1), above.
b. One building-mounted real estate sign shall be allowed per street frontage.
c. Signs shall be a maximum of 12 square feet in area.
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d. Signs may be displayed until the property, building or space is sold, rented, or leased.
F. All other signs not specifically allowed by or exempt from these regulations are prohibited.
21.30.080 - Permanent Signs
Permanent signs shall be designed so as to be architecturally compatible with and suitable for the
buildings and structures with which they are associated as well as the surrounding area. Freestanding
signs shall be of similar design, proportion, materials, and color as the building(s) they are associated with
to the greatest extent feasible.
A. Commercial and/or industrial development. On-site signs for commercial (except the C-3 District)
and industrial uses shall comply with the following standards. Standards for the C-3 zoning district
are provided in Section 21.10.060 C-3 (Central Business District) zoning district.
1. The size of each individual sign shall not be greater than one square foot of sign area for each
linear foot of business frontage, on which the sign is located. No sign shall be greater than 50
square feet. Each sign shall be allowed a minimum of 20 square feet.
2. Each business shall be allowed one wall sign. Businesses that are located adjacent to two streets
(on a corner) shall be allowed one additional wall sign to face the second adjacent street if the
business is not identified on a freestanding sign. Wall signs shall be mounted parallel to the
building unless otherwise approved by the Planning Commission when the Commission finds the
orientation is necessary to obtain reasonable visibility and will be compatible with signs in the
surrounding area.
3. One freestanding sign shall be allowed for each parcel of land or commercial center. The
maximum height of a freestanding sign shall be 14 feet above ground.
4. Individual signs for occupants in the same building or shopping center shall be of the same design
insofar as possible. A master sign plan in compliance with Section 21.53.030.G (Master Sign
Plan required) may be required.
5. Signs shall not project over a public right-of-way for a distance greater than two feet. Any sign
projecting over public property shall have a minimum of 10 feet clearance extending from the
level of the sidewalk or grade, immediately below the sign, to the lowest point of the projection.
6. Any illumination shall be provided by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause glare on surrounding streets or adjacent
property.
7. Running neon shall be counted towards sign area.
8. Service stations, in addition to other signage as allowed under this section, may be allowed
gasoline price signs as follows:
a. A maximum of two readerboard signs, not to exceed 16 square feet each, to be attached to an
approved freestanding sign, building, canopy, or secured to the property; and
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b. A maximum of two price signs, not to exceed 16 square feet each, to be located on the
property in an area not to obstruct vehicular sight distance visibility.
9. Readerboard signs in association with a theater or commercial use, including electronic
changeable copy signs that do no have blinking or running lights.
B. Office development. On-site signs for office buildings shall comply with the following standards:
1. The total display area for all signs for anyone development is no greater than 80 square feet and
no single sign shall have a display surface greater than 40 square feet.
2. Any illumination shall be provided either by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause glare on surrounding streets or adjacent
property.
3. Signs may be attached to or painted on the building or they may be freestanding. If attached, the
signs shall be parallel to the building wall and shall not project above the roof-line nor extend
beyond one foot of the wall. If freestanding, the signs shall not project over a public property for
a distance greater than two feet nor be higher than 14 feet. Any sign projecting over a public
right-of-way shall have a minimum of 10 feet clearance extending from the level of the sidewalk
or grade, immediately below the sign, to the lowest point of the projection.
C. Public/semi-public and institutional development. On-site signs that identify public or semi-public
buildings or grounds, institutional uses, or places of worship may be allowed, provided that:
1. The total display area of all signs shall not exceed 40 square feet.
2. Any illumination shall be provided by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause glare on surrounding streets or adjacent
property.
3. The signs may be attached to or painted on the building or freestanding. If attached, the signs
shall be parallel to the building wall to which it is attached and shall not project above the roof-
line nor extend beyond one foot of the wall. If freestanding, the signs shall not project over
public property and shall not be more than six feet high.
D. Multi-family residential developments. On-site signs that identify or convey rental information
about multi-family or group dwellings shall comply with the following standards.
1. The total display area for all signs for anyone development shall not be greater than 80 square
feet and no single sign shall have a display surface greater than 40 square feet.
2. Any illumination shall be provided either by interior lights or reflectors concealed in shrubbery or
decorative structures. Illumination shall not cause any glare on surrounding streets or adjacent
property. If attached, signs shall be parallel to the building wall to which it is attached and shall
not project above the roof line or extend beyond one foot of the wall; if freestanding, signs shall
not project over the public property nor be more than six feet in height.
E. Freeway-oriented signs. Signs oriented to freeways or expressways shall comply with the following
standards:
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1. Permanent signs oriented to freeways or expressways shall be limited to identification of on-site
businesses.
2. The applicant shall demonstrate that the business operation is dependent upon freeway or
expressway identification and that denial of adequate identification would cause an undue
hardship.
3. The applicant shall demonstrate that a freeway-oriented sign is necessary due to limited visibility
of the parcel due to its shape and location or other factors unique to the site.
4. The sign shall be the minimum height and size necessary to achieve visibility from the freeway,
expressway, or public facility as determined by the decision making body.
5. Additional landscaping and/or architectural details/elements may be required to be added as a
condition of approval to ensure a well-designed sign, screen the sign's supporting structure, or to
soften and/or enhance the appearance of the sign or the site as viewed from off-site locations.
F. Off-site signs. The total display area of an off-site sign, containing a list of civic organizations or
indicating only the direction toward and distance to any civic, public, or semi-public facility, shall not
exceed 40 square feet.
21.30.090 - Nonconforming Signs
A Permanent signs which are lawfully in existence and in use prior to and at the time of the legal
adoption of the ordinance codified in this Chapter, may remain in use even though they do not
conform with the provisions of this Chapter, until the time a change is proposed which requires a
permit under Section 21.30.030.
B. A minor change to a nonconforming permanent free-standing sign, for a commercial center which
identifies two or more tenants shall be allowed without bringing the entire sign into conformance so
long as the change is limited to a change in copy for one of the tenants and there is no change in the
advertising display area, colors, materials, illumination or structural size, height or design of the sign.
C. Except as otherwise allowed by this Chapter, a change in the advertising display area, colors,
materials, illumination or structural size, height or design of the sign shall constitute the erection of a
new sign, which shall comply with the provisions of this Chapter.
21.30.100 - Maintenance and Repair
All signs, together with all supports, braces, guys and anchors shall be maintained in good safe condition.
The display surface of all signs shall be kept neatly painted or posted at all times.
21.30.110 - Abatement of Temporary Signs
Temporary signs posted or maintained in violation of this Chapter are hereby declared to be a public
nuisance. The City may remove any temporary sign posted or maintained in violation of this Chapter, in
compliance with the following provisions:
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A If a temporary sign is unlawfully in place after the expiration of 15 days from the termination of the
community or civic project, election or other special event for which it was posted, the City may treat
the sign as abandoned and have it summarily removed and destroyed.
B. In situations other than those set forth in Subsection A of this section, the City shall make a
reasonable attempt to notify the owner of the sign. If after a reasonable attempt, the owner cannot be
found, the sign may be treated as abandoned and summarily removed. If the City is able to locate the
owner, the City shall send the owner of the sign, as well as the owner of the property on which it is
located a letter notifying them as follows:
1. That the City intends to remove the sign;
2. The reason the City believes the sign to be illegal, including a reference to the relevant section of
this Chapter;
3. That the owner may contest the removal of the sign by submitting a written request to the
Community Development Director specifying the reasons the owner believes the sign to be legal;
4. That if no written request is received within the 10 days immediately following the notice sent by
the City and the illegality of the sign is not voluntarily corrected, the City shall remove the sign
and bill the owner of the sign and/or owner of the property on which it is located, for the cost of
removal;
5. That if the cost of removal of the sign is unpaid it will become a lien against the real property on
which the sign was located.
C. If no written request to contest the removal of the sign is received by the Community Development
Director within 10 days immediately following the letter sent by the City in compliance with
Subsection B of this section, the Community Development Director may cause the sign to be
summarily removed and destroyed.
D. If a written request to contest the removal of the sign is received within the 10 day period set forth in
Subsection B of this section, the Community Development Director shall schedule a hearing before
the Planning Commission to determine whether or not the sign is in violation of this Chapter. The
owner of the sign and the owner of the property on which it is located, shall be given written notice at
least 10 days prior to the hearing that they may appear and present evidence to the Planning
Commission. At the hearing, the Planning Commission shall hear all relevant evidence and render a
determination as to whether or not the sign is in violation of this Chapter. The determination of the
Planning Commission shall be final.
E. If the Planning Commission determines that the sign is in violation of this Chapter, the City may
summarily remove and destroy the sign.
F. The City shall maintain accounting records of all costs incurred in removal of each sign, and shall
render an itemized report in writing to the Planning Commission showing the cost of removal of the
signs, a copy of which shall be mailed by first class United States Mail to the last known address of
the owner of the sign and the owner of the property on which it is located, together with a notice of
the time, date and location when the report will be considered by the Planning Commission for
confirmation.
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G. Report-Hearing and Proceedings. At the time and place fixed for receiving and considering the
report, the Planning Commission shall hear and pass upon the report of the costs of abatement,
together with any objections or protests. Thereupon, the Planning Commission may make the
revision, correction or modification to the report as it may deem just, after which, by motion, the
report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the
Planning Commission on all protests and objections that may be made shall be final and conclusive,
and costs assessed shall be a joint obligation of the owner of the sign and the owner of the property on
which it is located.
H. If the costs of removing the sign are not paid to the City within 10 days after the Planning
Commission confirms, the costs shall become a special assessment against the respective property to
which it relates, and upon recordation in the office of the County Recorder of a notice of lien on the
property for the amount of the assessment.
1. After the confirmation and recordation, a copy of the lien may be turned over to the tax collector
for the City. It shall be the duty of the tax collector to add the amounts of the respective
assessments to the next regular tax bills levied against the respective property for municipal
purposes. The amounts shall be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties and the same procedure
under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
2. After the recordation, the lien may be foreclosed by judicial or other sale in the manner and
means provided by law.
3. Notices of lien for recordation shall be in a form provided by the City.
I.
The City of Campbell shall not be liable for any costs incurred in removal of signs from property
owned by the City.
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Signs
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CHAPTER 21.32 - TREE PROTECTION REGULATIONS
Sections:
21.32.010 - Purpose
21.32.020 - Definitions
21.32.030 - Applicability
21.32.040 - Actions Prohibited
21.32.050 - Protected Trees
21.32.060 - Exemptions
21.32.070 - Tree Removal Permit/Application Requirements
21.32.080 - Determination on Permit
21.32.090 - Approval Authority and Permit Process
21.32.100 - Replacement Trees
21.32.110 - Site Limitations/In-lieu Fee for Replacement
21.32.120 - Delegation of Functions
21.32.130 - Heritage Tree Designations
21.32.140 - Appeals
21.32.150 - Tree Technical Manual
21.32.160 - ViolationslPenalties
21.32.170 - Maintenance
21.32.180 - No Liability Upon City
21.32.010 - Purpose
In enacting this Chapter, the City recognizes the substantial aesthetic, environmental and economic
importance of its tree population. The purpose of this Chapter is to establish policies, regulations, and
standards to protect and manage trees on private property to ensure that development is compatible with
and enhances Campbell's small town quality and character. (Ord. 1969 §2(part), 1998).
21.32.020 - Definitions
The following words and phrases when used in this article shall have the meaning set forth herein, except
where the context clearly indicates a different meaning:
Arborist. A person having expertise in the care and maintenance of trees that is certified by the
International Society of Arboriculture (ISA) or comparable organization.
Approval authority. The person or body officially responsible for rendering decisions on requests to
remove trees protected by this Chapter.
Developed single-family residential property. Any legal lot of record with a minimum net lot area
(defined herein) of six thousand square feet that is developed with a main dwelling unit and zoned either
"single-family"(R-I), or "planned development"(PD), and cannot be further subdivided into additional
lots under its current zoning designation.
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Development application. An application for land alteration or development, including but not limited
to; site and architectural review, variance, use permit, rezoning, planned development permit and
subdivisions of property.
Dripline. The outermost line of the tree's canopy projected straight down to the ground surface. In plan
view, the dripline generally appears as an irregularly shaped circle.
Emergency. A sudden, or generally unexpected occurrence that decisively determines that immediate
action is warranted.
Fruit tree. Any tree that has the characteristic of bearing edible fruit, common to commercial production
varieties including but not limited to; stone fruits (e.g. prunes, peaches, etc.), citrus (e.g., lemons,
oranges), nut varieties (e.g., almonds, English walnut [except for California Black Walnut]), peppers (g.
Schinus), and olives (g. Oleaceae). A "fruit tree" shall not mean any tree that bears a fruit or nut
produced primarily as seed, (e.g., oaks, pines, etc.).
Heritage tree. Any tree so designated by the historic preservation board based on the finding that the
tree has character, significant age and girth, interest or value as part of the development of, and/or
exemplification of the cultural, educational, economic, agricultural, social, indigenous or historical
heritage of the City and identified on the historic resources inventory.
Main building. A primary structure allowed under the zoning district in which a property is located to
provide reasonable economic use of a property.
Net lot area. The total area within the lot lines of a lot, excluding any street right-of-way or common
areas owned collectively by a group of property owners in a planned development.
Protected tree. Any class of tree specified in Section 21.56.050.
Pruning. The standard practice of maintenance consisting of trimming or cutting away any limbs or
branches of a tree to control growth and enhance performance or function by developing and preserving
tree structure and health in compliance with pruning standards contained in the tree technical manual.
R-l. Any developed single-family residential property.
Remove. The complete removal of a tree (e.g., cutting it to the ground or its extraction). It also means
taking action that foreseeably leads to the death of a tree or permanent damage to its health (e.g., cutting,
girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree or trenching,
excavating, or altering the grade or paving within the dripline of a tree).
Severe trimming. Cutting back large diameter branches or the main trunk of a mature tree to stubs,
known as topping or severe root pruning, which either destroys the existing symmetrical appearance or
natural shape of the tree and/or compromises the long-term health or survival of a tree.
Tree. A live woody perennial plant characterized by having a main stem or trunk or a multi-stemmed
trunk system with a more or less definitely formed crown, and is usually over 10 feet high at maturity.
Tree removal. Cutting of a tree to the ground or its extraction or severe trimming of a tree (defined
herein) that does not comply with pruning standards adopted in this Chapter. (See this section for
"Pruning" definition).
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Tree technical manual. The regulations and specifications issued by the Community Development
Director to implement this Chapter.
Unprotected tree. Any class of tree not specified in Section 21.32.050.
21.32.030 - Applicability
This article shall apply to every owner of private property within the City, and to every person responsible
for undertaking the removal of a tree on private property, unless exempted herein.
21.32.040 - Actions Prohibited
It is unlawful to remove, as defined herein, any protected tree specified in Section 21.32.050, "Protected
Trees" from private property without first obtaining a tree removal permit.
21.32.050 - Protected Trees
Except as otherwise provided in Section 21.32.060, "Exemptions" the following trees shall not be
removed from private property without first obtaining a tree removal permit:
A. Heritage trees in all zoning districts;
B. Any tree required to be planted or retained as a condition of approval of a development application or
a building permit in all zoning districts;
C. Any tree which measures twelve inches or greater in diameter (38 inches or greater in circumference),
measured four feet above the adjacent grade in all zoning districts, except for developed single-family
residential properties.
D. For multi-trunk trees, any tree which has at least one trunk 12 inches or greater in diameter (38 inches
or greater in circumference), measured four feet above the adjacent grade, except for developed
single-family residential properties.
E. For developed single-family residential properties, trees or multi-trunk trees with at least one trunk
measuring 12 inches or greater in diameter (38 inches or greater in circumference) of the following
species:
Oaks (Quercus),
Redwoods (Sequoia),
Cedars (Cedrus),
Ash (Fraxinus).
21.32.060 - Exemptions
The following tree types and conditions are exempt from this Chapter and may be removed without
approval of a tree removal permit:
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A. Emergencies. Trees that pose an immediate threat to persons or property during an emergency or are
determined to constitute an emergency, upon order of the Community Development Director, or any
member of the police or fire services agency. The Community Development Director shall be
notified of such emergency before removal, and a Tree Removal Permit shall be filed within 10
calendar days of the emergency removal.
B. Public nuisance. Any tree in a condition to constitute a public nuisance, as defined in Section
6.10.020 of the Campbell Municipal Code when the declaration of a public nuisance has been made
by the Building Official, the Community Development Director or the Fire Chief.
C. Public utilities. Trees that undermine or impact the safe operation of public utilities that are subject
to the jurisdiction of the Public Utilities Commission of the State of California.
D. Fruit trees. Fruit tree(s) as herein defined, in any zoning district.
E. Eucalyptus trees. All trees of the genus Myrtaceae.
F. Developed single-family residential. Any tree located on developed single-family residential
property except as specified in Section 21.32.050.
21.32.070 - Tree Removal Permit! Application Requirements
A. Application information. Applications for a tree removal permit shall be available from and filed
with the Community Development Department and shall contain the following information, unless
waived by the Community Development Director:
1. A written explanation of why the tree(s) should be removed;
2. Photograph(s) ofthe tree(s);
3. Arborist report;
4. Signature of the property owner and homeowners association (when applicable) also proof of a
vote of the homeowners association;
5. Replanting plan (See Section 21.32.100);
6. Other information deemed necessary by the Community Development Director to evaluate the
tree removal request;
7. Permit fee, where applicable.
B. Additional application requirement for all properties except developed R-I. Applications for a
tree removal permit on all properties except developed single-family residential properties shall
include a tree survey plan indicating the number, location(s), variety or species, and size(s) (measured
four feet above grade) oftree(s) to be removed.
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21.32.080 - Determination on Permit
A. General criteria. The approval authority shall approve a tree removal permit only after making at
least one of the following findings:
1. Diseased or danger of falling. The tree or trees are irreparably diseased or presents a danger of
falling that cannot be controlled or remedied through reasonable preservation and/or preventative
procedures and practices such that the public health or safety requires its removal.
2. Potential damage. The tree or trees can potentially cause substantial damage to existing or
proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility services
and cannot be controlled or remedied through reasonable relocation or modification of the
structure or utility services.
3. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic
enjoyment of the property or creates an unusual hardship for the property owner by severely
limiting the use of the property in a manner not typically experienced by owners of similarly
zoned and situated properties, and the applicant has demonstrated to the satisfaction of the
approval authority that there are no reasonable alternatives to preserve the tree(s). A minor
reduction of the potential number of residential units or building size due to the tree location does
not represent a severe limit of the economic enjoyment of the property.
B. Additional recommendations. The approval authority may refer the application to another
department or commission for a report and recommendation.
C. Inspections and permit availability. City staff shall have the authority to conduct on-site
inspections of all trees proposed for removal. If a tree removal permit is approved the permit shall be
on-site at all times prior to and during the removal of a tree and/or shall be made available to any City
official at the site, upon request.
D. Action. Based on the criteria outlined in this section, the approval authority shall either; approve,
conditionally approve or deny the application. Conditions of approval may include any of the
following:
1. Revisions to development plans to accommodate existing trees; or
2. Replacement trees of a species and size planted at locations designated by the approval authority
in compliance with Section 21.32.100, "Replacement Trees"; or
3. Payment of an in-lieu fee in compliance with Section 21.32.110 (Site Limitations/In-Lieu Fee for
Replacement); or
4. A combination of replacement trees and in-lieu fees that in total provide for the number of
replacement trees required by this Chapter. (
21.32.090 - Approval Authority and Permit Process
A. Tree removal requests filed independent of development applications.
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1. Approval authority. The Community Development Director is the approval authority for tree
removal requests, except for heritage trees, filed independent of a development application.
2. Notice and posting. The Community Development Director shall mail a notice to the owners of
record within a 300-foot radius of the subject property and shall post the site or tree under
consideration with a sign indicating that an application for a Tree Removal Permit has been filed.
The notice shall be mailed and the sign shall be posted on the tree or at the site a minimum of 10
calendar days before a decision is rendered.
3. Decision. The Community Development Director shall render a decision on the application after
the required noticing period has ended.
4.
Appeals. A decision of the Community Development Director may be appealed in compliance
with Chapter 21.62 (Appeals).
B. Tree removal requests filed with a development application.
1. Approval authority. The approval authority for tree removal requests filed in conjunction with a
development application shall be the same approval authority as established for the
accompanying development application.
2. Concurrent filing. All tree removal requests associated with a development application shall be
filed concurrently with the development application and shall be subject to any required public
hearing for the development application subject to the provisions of Chapter 21.64 (Public
Hearing).
3. Posting. The Community Development Department shall post the site or tree under consideration
with a sign indicating the proposed removal and the time and place of any required public hearing
a minimum of 10 calendar days before the public hearing date.
C. Heritage tree removal requests. Notwithstanding any other provision of this section, the following
provisions shall apply to requests for removal of heritage trees:
1. Requests filed independent of development applications. The historic preservation board is
the approval authority for tree removal requests for heritage trees filed independent of a
development application.
2. Requests filed in conjunction with a development application. The approval authority for
heritage tree removal requests filed in conjunction with a development application shall be the
same approval authority as established for the accompanying development application. Prior to
the hearing before the approval authority, requests to remove heritage trees filed in conjunction
with a development application shall be referred to the historic preservation board that shall make
a recommendation to the approval authority.
3. Public hearing. A public hearing by the approval authority is required for all heritage tree
removal requests in compliance with the provisions of Chapter 21.64 (Public Hearing).
4. Posting. The Community Development Department shall post the site or tree under consideration
with a sign indicating the proposed removal and the time and place of the hearing 10 calendar
days prior to the hearing date.
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D. Final decision/timing of tree removal. No tree for which a tree removal permit is required shall be
removed until all conditions of the permit have been satisfied and the decision has become final. In
addition, tree or trees approved for removal in conjunction with a development application shall not
be removed prior to the issuance of building permit or unless all of the conditions of approval of the
development application are satisfied.
TYPE OF TREE PROTECTED SIZE TREE PERMIT APPEAL
REMOVAL TREE TYPES PROTECTEDl A UTHO RITY PROCESS2
REQUEST FO~ REMOVAL
Tree removal requests on Any tree except
all properties (except R- fruit trees5 and trees
13 ) not in conjunction of the
with a development genus Myrtaceae6
application.
Trees of the 12-inch diameter Community Planning
(38-inch Commission
Tree removal requests on species: circumference) Development Director
R-13 not in conjunction Oaks (Quercus)
with a development Cedars (Cedrus)
Ash (Fraxinus)
application Redwoods
(Sequoia)
Tree removal requests on Any tree except 12-inch diameter Community
all properties in fruit trees5 and trees (38-inch Development Director Planning
conjunction with a of the circumference) Commission
development application genus Myrtaceae6 Planning Commission
or
City Council
Heritage tree removal Any Heritage tree None specified Historic Preservation
requests in all zoning Board Planning
districts (not in Commission
conjunction with a
development
application)4
Heritage tree removal Any Heritage tree None specified Planning Commission
requests in all zoning or Planning
districts (in conjunction City Council Commission
with a development
application)4
Trees required as a Any tree required to None required Community Planning
Condition of a be retained or Development Director Commission
Development Approval planted
Table 3-4
TREE TYPE AND PERMIT PROCESS SUMMARY
Notes:
I Minimum size and greater - measured four feet above grade adjacent to the trunk.
2 Appeals shall be filed in writing to the City Clerk within 10 calendardays from the decision on the permit
3 Developed single family residential property zoned R-I or Planned Development
4 Includes any development application that requires Planning Commission or City Council approval, except development applications not
involving addition of new single family units in R-I or Planned Development Single Family developments (e,g. fence exception or use permit).
Applications for removal of Heritage Trees in conjunction with a development application shall first be referred to the Historic Preservation
Board (HPB) for a recommendation.
s Fruit trees. defined in Chapter 2156 as any tree that has the characteristic of bearing edible fruit, common to commercial production varieties
including but not limited to stone fruits e.g, prunes, peaches etc., citrus e,g. lemons, oranges, nut varieties e.g. almonds, English walnut (except
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for California Black Walnut), Peppers (Schinus), and Olives (Oleaceae), etc. A "fruit tree" shall not mean any tree that bears a fruit or nut
produced primarily as seed, (e.g. oaks, pines ere,).
6 Any variety of eucalyptus tree.
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21.32.100 - Replacement Trees
A. Number and size of replacement trees. The minimum number and size of replacement trees shall
be based on the number, size, and species of trees requested to be removed. The species of
replacement tree(s) shall continue the diversity of trees found in the community.
The minimum guidelines for tree replacement are as follows:
Replacement Tree Requirements
Table 3-5
Trunk Size of Removed Tree Replacement Ratio Required
measured at 4 feet above 2rade) (per tree r~moved)
Diameter Circumference Number of Minimum Size
(in inches) (in inches) replace~epttrees
12 to 24 38 to 75 1 24 inch box
greater than 24 greater than 75 1 36 inch box
Heritage Trees 1 48 inch box
B. Replanting plan. A replanting plan shall be made a requirement of the tree removal permit, and is
subject to approval by the approval authority prior to issuance of the tree removal permit unless an in-
lieu fee in compliance with Section 21.32.110 (Site Limitations/In-Lieu Fee for Replacement) is
approved by the approval authority. The replanting plan shall be subject to the following:
1. The replanting plan shall include a site plan of the subject property with the location and species
of the proposed replacement trees.
2. All replacement trees required by the approved replanting plan shall be obtained and planted at
the expense of the applicant.
3. If the tree removal request was filed in conjunction with a development application, in
compliance with Section 21.32.090, all replacement trees shall be installed prior to the issuance
of a Certificate of Occupancy for the development.
4. If the tree removal request was not filed in conjunction with a development application all
replacement trees shall be installed within 30 days from the date the tree removal permit is issued.
5. City staff shall be allowed to enter the property to verify the installation of the replacement trees.
6. The Community Development Director shall have the authority to approve an increase in the
number of the on-site replacement trees and reduce the size of the trees for developed single-
family residential properties when appropriate.
C. Maintenance bond. The approval authority may require a faithful performance bond, maintenance
bond or other security deposit when tree replacement is required by this Chapter. The bond shall be
in an amount of money and for a period of time determined by the Community Development Director
to ensure acquisition and proper planting and maintenance of the replacement trees. The bond shall
be paid to the City prior to the issuance of the tree removal permit.
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21.32.110 - Site LimitationslIn-lieu Fee for Replacement
A. Site limitations. If the site layout cannot reasonably accommodate the number of trees required in
compliance with the replacement ratios and/or tree spacing consistent with standard forestry practices,
the approval authority shall either:
1. Approve an increase in the size of the on-site replacement trees and reduce the number of trees
required. The quantity and quality of the replacement trees shall be sufficient to produce a
reasonable tree canopy for the size of the lot; or
2. Require payment of an in-lieu fee in compliance with Subsection (B) of this section for the
required number of trees or any portion thereof.
B. In-lieu fee. Payment of a fee shall be made to the City for tree planting elsewhere in the community
should on-site location of the replacement trees not be possible, subject to the following:
1. The in-lieu fee will be based on the fair market value of the number of trees required by Section
21.32.100 for the same or equivalent species, delivered and installed, as determined by the Public
Works Director.
2. The fees will be used to purchase trees that will be planted within the public right-of-way or on
other public property as directed by the Public Works Department. Where feasible, trees will be
planted in the vicinity in which the tree was removed.
3. Payment of the in-lieu fee shall be made prior to issuance of the tree removal permit.
21.32.120 - Delegation of Functions
The Community Development Director may delegate any or all of the administrative duties authorized by
this article to one or more staff members.
21.32.130 - Heritage Tree Designations
A. Applications. Applications for designation of a heritage tree on private or public property may be
initiated by any person subject to the property owners' written consent. The applicant requesting
heritage tree designation shall submit an application in compliance with instructions provided by the
Community Development Director and shall include the following:
1.
Assessor's parcel number of the site;
2.
Description detailing the proposed heritage tree's special aesthetic, cultural, or historic value of
community interest;
3.
Photographs of the tree( s).
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B. Historic Preservation Board review. The historic preservation board shall conduct a review of the
proposed heritage tree, based upon the information or documentation as it may require from the
applicant, a commission, staff or from other available sources. A tree may be designated as a heritage
tree upon a finding that it is unique and important to the community due to any of the following
factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of significant age and/or girth in Campbell;
3. It has cultural, educational, economic, agricultural, social, indigenous, or historical heritage of the
City.
C. Historic Preservation Board hearing. The historic preservation board shall hold a public hearing
on any proposed designation within 30 days after the application is deemed complete and shall render
a decision to approve, deny, or continue the hearing for more information.
D. Recordation of heritage tree designation. If the heritage tree designation is approved, the City shall
record the designation with the County Recorder's Office and a copy shall be provided to the property
owner and the Community Development Department. A listing of designated heritage trees and their
locations shall be listed on the historic resources inventory and maintained by the Community
Development Department.
E. Posting and notice. Hearings for heritage tree designation shall be subject to public hearing notice
procedures specified in Chapter 21.64 (Public Hearings). In addition, the Community Development
Department shall post the site or tree under consideration 10 calendar days prior to the hearing date
with a sign setting forth the nature of the application and the date, time and place of the hearing.
21.32.140 - Appeals
A. Appeals. Any person aggrieved by a decision of the approval authority as specified in this Chapter
may appeal a decision in compliance with Chapter 21.62 (Appeals).
B. Decisions on appeals. No decision made in compliance with this Chapter shall be final until all
appeal rights have expired. All applicable hearings shall be public hearings subject to Chapter 21.64
(Public Hearings.)
21.32.150 - Tree Technical Manual
The Community Development Department shall prepare a "Tree Technical ManuaL" The tree technical
manual shall include information to assist implementation of this Chapter (e.g., tree removal permit, tree
disclosure statement, standards for protection of trees during construction and/or demolition, pruning
standards, tree protection and maintenance standards).
21.32.160 - ViolationslPenalties
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A The violation of any provision contained in this Chapter shall be punishable as prescribed in Chapter
21.70 (Enforcement). In addition thereto, any person unlawfully removing or destroying any tree
without a permit shall be subject to the following:
1. Tree replacement penalty. Replacement trees shall be planted at a minimum of two times the
replacement ratio described in Section 21.32.100 for trees unlawfully removed from developed
single family residential. Replacement trees shall be planted at a minimum of four times the
replacement ratio described in Section 21.32.100 for tree unlawfully removed from all other
properties. The exact replacement ratio shall provide, in the opinion of the Community
Development Director, an equivalent aesthetic quality that shall be based on the size, height,
location, appearance, and other characteristics of the unlawfully removed tree.
2. Payment for value of unlawfully removed tree(s). Where replacement trees will not provide
equivalent aesthetic quality because of the size, age, or other characteristics of the unlawfully
removed tree, the Community Development Director shall estimate the value of the removed tree
using the latest edition of The Guide for Establishing Values of Trees and Other Plants, prepared
by the Council of Tree and Landscape Appraisers, as a resource. Upon the determination of the
value, the Community Development Director, may require a cash payment to the City to be added
to a street tree fund for the cost of purchasing trees for installation within the public right-of-way
or on other public property as directed by the public works department.
3. Combination of cash payment and tree replacement. If the site layout cannot reasonably
accommodate the required number of trees in compliance with the tree replacement penalty ratios
and/or tree spacing consistent with standard forestry practices, the Community Development
Director may approve a combination of a cash payment either in whole or in part and a portion of
the replacement trees in compliance with this section. The cumulative value of the cash payment
and the replacement trees shall be equivalent to the monetary, aesthetic, and environmental value
of the unlawfully removed tree.
21.32.170 - No Liability Upon City
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its officers
or employees, nor relieve the owner or occupant of any private property from the duty to keep in safe
condition any trees upon hislher property or upon a public right-of-way over hislher property.
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CHAPTER 21.34 - WIRELESS TELECOMMUNICATIONS
FA CILITIES
Sections:
21.34.010 - Purpose
21.34.020 - Definitions
21.34.030 - Permits Required
21.34.040 - Pre-Application
21.34.050 - Submittal Requirements
21.34.060 - General Standards
21.34.070 - Location of Wireless Telecommunications Facilities
21.34.080 - Preferred Antenna Siting and Mounting Techniques
21.34.090 - Visual
21.34.100 - LandscapingN egetation
21.34.110 - Public Safety and Traffic
21.34.120 - Noise and Heat and Odor Transmissions
21.34.130 - Minimum Performance Standards
21.34.140 - Façade Mounted Wireless Telecommunications Facilities
21.34.150 - Roof Mounted Wireless Telecommunications Facilities
21.34.160 - Ground Mounted Wireless Telecommunications Facilities
21.34.170 - Free-Standing Monopoles
21.34.180 - Co-Location of Wireless Telecommunications Facilities
21.34.190 - Base Transceiver Stations, Equipment Cabinets and Associated Buildings
21.34.200 - Implementation and Monitoring Costs
21.34.210 - Transfer of Operation
21.34.220 - Complaints and Proceedings
21.34.230 - Revocation of Permit
21.34.010 - Purpose
The purpose and intent of this ordinance is to provide a uniform and comprehensive set of standards for
the orderly development of personal wireless telecommunications facilities consistent with applicable
Federal standards. The standards contained in this ordinance are designed to minimize the adverse visual
impacts and operational effects of these facilities using appropriate design, siting and screening
techniques while providing for the personal communications needs of residents, local business and
government of the City and the region. (Ord. 1965 § 1 (part), 1998).
21.34.020 - Definitions
As used in this Chapter, the following terms shall have the meaning set forth below, unless the context
clearly dictates a different meaning.
American National Standards Institute (ANSI). A private organization that develops widely accepted
standards for various modern day equipment.
American National Standards Institutellnstitute of Electrical and Electronic Engineers Report
(ANSI/IEEE). The current version of the ANSI standard governing human exposure to RFR. The full
title of the C95.1-1992 of the ANSI RFR standard is "Safety Levels with Respect to Human Exposure to
Radio Frequency Electromagnetic Fields, 3 Khz to 300 Ghz."
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Antenna. A device or system of wires, poles, rods, dishes, discs or similar devices used for the
transmission and/or receipt of electromagnetic waves.
Analog. A signal that is continuous and varies in voltage to reflect variations to a certain extent (e.g.,
loudness).
Base Transceiver Station (BTS). The electronic equipment housed in cabinets that together with
antennas comprises a PCS facility or "site". The cabinets include an air conditioning unit, heating unit,
electrical supply, telephone hook-up and back-up power supply.
California Public Utility Commission (CPUC). The state level regulatory agency responsible for
regulating wireless telecommunications.
Cell. The coverage area through which wireless receiving and transmitting equipment from a particular
cell site successfully propagates.
Cell site. A parcel of real property on which a wireless telecommunications facility is to be located.
Cellular service. A wireless transmission technology that uses a grid of antennas or cell sites to send and
receive signals from mobile telephones and has been licensed by the Federal Communications
Commission to operate in the 800 to 900 MHz frequency band.
Co-location. A wireless telecommunications facility comprising a single telecommunications tower,
monopole or building supporting antennas owned or used by more than one wireless telecommunications
carrier.
Community development director. The Director of Community Development or his or her authorized
representati ve.
Digital. Digital signal, which is a nominally discontinuous electrical signal that changes from one state to
another in discrete steps.
Effective radiated power (ERP). The amount of power emitted by an antenna.
Electro-magnetic field (EMF). The local electric and magnetic fields that envelop the surrounding
space. The most ubiquitous source of electromagnetic fields is from the movement and consumption of
electric power, (e.g., transmission lines, household appliances and lighting).
Enhanced Specialized Mobile Radio (ESMR). A wireless telecommunication system that utilizes
digital technology and has been licensed by the Federal Communications Commission to operate in the
800 to 900 MHz frequency band.
Facade mounted antenna. An antenna that is directly attached or affixed to any facade of building.
Federal Communications Commission (FCC). The federal agency responsible for licensing and
regulating wireless telecommunications providers. The agency has primary regulatory control over
communications providers through its powers to control interstate commerce and to provide a
comprehensive national system in compliance with the Federal Communications Act.
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Frequency. The number of cycles made by electromagnetic radiation in one second, usually expressed in
units of hertz (Hz).
Gigahertz (Ghz). See "Hertz".
Ground mounted. An antenna with its support structure placed directly on the ground.
Hertz. A term for expressing frequency, which is the number of times a wave-like radio signal changes
from maximum positive to maximum negative charge per second. It is abbreviated as Hz.
1 hertz (Hz) =1 cycle per second;
1 kilohertz (kHz) =1,000 Hz;
1 megahertz (MHz) =1,000 kHz or 1,000,000 Hz;
1 gigahertz (GHz) =1,000 MHz or 1 million kHz
or 1 million kHz
or billion Hz.
Ionizing radiation. Electromagnetic energy above visible light.
radioactive emissions, x-rays, and gamma rays.
Includes ultraviolet, nuclear, or
Lattice tower. An open steel frame structure used to support wireless telecommunications equipment.
Megahertz (MHz). See Hertz.
Microwave. That portion of the radio spectrum between 950 MHz and 30,000 MHz.
Monopole. A structure composed of a single spire used to support communications equipment.
National Council on Radiation Protection and Measurements (NCRP). A quasi-governmental entity
created to examine RFR exposure level guidelines.
Non Ionizing Electromagnetic Radiation (NIER). Low energy and low frequency electro-magnetic
energy, including visible light, television pagers, AM/FM radio, Cellular systems, Enhanced Specialized
Mobile Radio (ESMR) systems, and Personal Communications Services (PCS) systems.
Omni-directional. An antenna that is equally effective in all directions, the size of which varies with the
frequency for which it is designed.
Panel antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular
area. Panel antennas are typically flat, rectangular, long devices generally six square feet in size, although
some technologies utilize larger panel antennas. Also known as directional antennas.
Personal Communications Services (PCS). A common carrier radio service licensed by Federal
Communications Commission to operate in the 900 and 1,850 to 1,990 MHz frequency bands.
Radio Frequency Radiation (RFR). Electromagnetic radiation in the portion of the spectrum from 3
kilohertz to 300 gigahertz.
Roof mounted. An antenna directly attached or affixed to the roof of an existing building, water tank,
tower, or structure other than a telecommunications tower. This type of installation is sometimes called a
freestanding roof mounted antenna.
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Service provider. A wireless telecommunications provider, a company or organization, or the agent of a
company or organization that provides wireless telecommunications services.
Specialized Mobile Radio (SMR). Equivalent to private versions of cellular radio systems.
Stealth facility. Any communications facility that is designed to blend into the surrounding environment,
and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-
mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with
the existing building. Also known as concealed telecommunications facilities.
Telecommunications. Any transmission, emission or reception of signals, images and sound or
information of any nature by wire, radio, visual or electro-magnetic system that work on a "line-of-sight"
principle.
Telecommunication tower. A monopole, lattice tower, free standing tower or other structures designed
to support antennas.
Visual impact. The placement or design of an antenna or the associated equipment and/or buildings so
that they are not screened or shielded or are otherwise visible and are likely to be noticed by a person of
average height walking on a street or sidewalk or standing on private property, or driving or riding in a
vehicle.
Whip antenna. An antenna that transmits signals in 360 degrees. Whip antennas are typically
cylindrical in shape. They are also known as omni-directional, stick or pipe antennas.
Wireless telecommunications facility. A land use facility supporting antennas that sends and/or receives
radio frequency signals. Wireless telecommunications facilities include antennas and all other types of
equipment for the transmission or receipt of the signals; telecommunication towers or similar structures
built to support the equipment; equipment cabinets, Base Transceiver Stations, and other accessory
development. Also referred to as a Telecommunication Facility.
Wireless telecommunications provider. Any company or organization that provides or who represents
a company or organization that provides wireless telecommunications services.
Zoning districts.
1.
Commercial!Industrial zone shall mean the P-O, C-l, C-2, C-3, C-M, M-l, M-I-A and
Commercial and Industrial P-D zoning districts.
2.
Residential zone shall mean the R-1, R-D, R-M, R-2, R-3 and residential P-D zoning districts.
3.
Publicly Owned shall mean publicly-owned land, rights-of-way or structures located in all
zoning districts.
4.
Mixed-Use shall mean any building or use that combines residential uses with commercial or
industrial uses.
5.
Sites located in any district not enumerated above shall require the approval of a Use Permit.
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21.34.030 - Permits Required
A. Permit required. Wireless telecommunications facilities shall not be installed or erected except
upon approval of a Use Permit or a Site and Architectural Review Permit as set forth below.
B. Permit type. Table 3-6 identifies the type of permit required in each zoning classification for each
type of facility:
Table 3-6
Wireless Telecommunications Facilities-Required Permit Matrix
Zonin~ Districts
Type of Residential Zoning Commercial and Publicly Owned All Other
Permit Districts and Mixed Industrial Zoning Property
Required Use projects with Districts
residential uses
Use Permit Freestanding Monopole Freestanding Monopole Freestanding Monopole Freestanding Monopole
Facade Mounted Facade Mounted Facade Mounted Facade Mounted
Roof Mounted Roof Mounted Roof Mounted Roof Mounted
Stealth Facility Ground Mounted Ground Mounted Stealth Facility
Ground Mounted Other types of facilities Other types of facilities Ground Mounted
Other types of facilities Other types of facilities
Site and Stealth Facility Stealth Facility
Architectural Stealth Co-location Stealth Co-Location
Review
Permit
C. Co-location. Stealth co-location facilities can be approved with a Site and Architectural Review
Permit. Nonstealth co-location facilities require approval of a Use Permit.
D. Conflicting provisions. Use Permits and Site and Architectural Review Permits shall be processed
in compliance with Chapters 21.42 and 21.46, respectively, in compliance with the provisions of this
Chapter. In the event of any conflict between the provisions of this Chapter and the provisions of
Chapters 21.42 or 21.46, the provisions of this Chapter shall be controlling.
E. Findings. In approving or denying any permit required by this Chapter, written findings shall be
made for the particular permit sought setting forth the factual basis for the decision.
F. Conditions. In approving an application, the City may impose conditions, as it deems appropriate or
necessary to further the purposes of this Chapter, including, but not limited to, requiring the redesign
or relocation of the facility. Alternatively, the City may direct the applicant to redesign or relocate
the facility and resubmit a revised proposal for further consideration.
G. Personal wireless telecommunication services not prohibited. Notwithstanding anything
contained in this Chapter to the contrary, no decision made in compliance with this Chapter shall have
the effect of prohibiting the provision of personal wireless services in the City.
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21.34.040 - Pre-Application
A Pre-application conference is strongly recommended for all wireless telecommunication proposals.
Two pre-application submittals are encouraged. The fIrSt should take place at the earliest stage of looking
for an appropriate site and should include a map of the geographic service area and geographic area where
an antenna site could be located. A second pre-application submittal is recommended after the site is
selected and should include a site plan and architectural drawings illustrating the visual impacts of the
project. A pre-application submittal is not considered a development application and no fee is charged for
review of material submitted at this stage.
21.34.050 - Submittal Requirements
Information to be provided. For all wireless telecommunications facilities, the applicant shall provide
the information listed below. Application for a wireless telecommunications facility shall be made upon a
form to be provided by and shall be submitted to the Community Development Department. The number
and size of plans shall be determined by the Community Development Director, who may waive certain
submittal requirements or require additional information based on specific project factors:
A. Proposed wireless telecommunications facility plans.
1. Site plan. Provide a site plan, drawn to a measurable scale, showing the metes and bounds of the
property, showing the location of existing features of the site including existing structures, roads,
landscaping, trees and other significant natural features. The site plan shall also show the
location of each new structure to be located on the site including telecommunications antennas,
base transceiver stations, equipment cabinets and buildings and appurtenant structures including
screenmg;
2. Elevations. Provide elevations of all proposed telecommunication structures and appurtenances
and composite elevations from the street of all structures on site;
3. Colored elevations. Colored renderings or perspectives of the street elevation and any other
elevation that will be visible from public view. A sample of colors and materials is required at
the time of application submittal;
4. Section drawings. If applicable, section drawings shall be provided to show the
foundations/footings of new structures and how they affect existing conditions, including
landscaping;
S. Visual impact demonstrations. Using photo-simulations, photo-montage, story poles,
elevations or other visual or graphic illustrations, provide a visual impact demonstration to
determine potential visual impact including proper coloration and blending of the facility with the
proposed site. If the installation is located where it is visible to the public, identify what elements
of the proposed facility (including screening) can be viewed by the public;
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6. Landscape plan. Provide a landscape plan that shows existing vegetation, indicating any
vegetation proposed for removal, and identifying proposed plantings by type, size, and location.
If deemed necessary by the Community Development Director, an arborist's report may be
required to verify that the existing landscaping will not be adversely affected by the installation of
the facility. The arborist's report may recommend protective measures to be implemented during
construction;
7. Miscellaneous and appurtenant structures. Show all facility- related support and protection
measures to be installed. This includes, but is not limited to, the location(s) and methodes) of
placement, support, protection, screening, paint and/or other treatments of the antennas, base
transceiver stations, equipment cabinets and buildings, cables, and other appurtenances to ensure
public safety, ensure compatibility with urban design, architectural and historic preservation
principles, and harmony with neighborhood character;
8. Other wireless telecommunication facilities. A plan showing telecommunication facilities of
all wireless telecommunications service providers within 1,000 feet of the proposed site including
facilities located outside Campbell, if applicable.
B. Narrative.
1. Antennas. List the number of antennas and base transceiver stations and/or equipment cabinets
and buildings per site by your carrier and, if there are other installations on a site, list the number
by each carrier;
2. Location. Describe the location and type of antenna installations (stand alone rooftop, rooftop
attached to a mechanical penthouse or building facade) and location of the base transceiver
station(s), equipment cabinets and/or buildings;
3. Height. List the height from nearest adjacent grade to the top of the antennas installation{s);
4. Radio frequency. List the Radio Frequency range in Megahertz and list the wattage output of
the equipment;
5. FCC compliance. Provide a description stating that the system, including the antennas and
associated base transceiver stations, equipment cabinets and buildings, conform to the radio-
frequency radiation emission standards adopted by the FCC;
6. Maintenance. Provide a description of the anticipated maintenance and monitoring program for
the antennas and back-up equipment, including frequency of maintenance services, back-up
service plans for disruption of service due to repair, testing, maintenance or monitoring activities;
7. Environmental assessment. Provide sufficient information to permit the City to make any
required determination under the California Environmental Quality Act (CEQA);
8. Noise/acoustical information. Provide noise and acoustical information for the base transceiver
stations, equipment buildings and associated equipment (e.g., air conditioning units and back-up
generators);
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9. Site selection process. Provide a description explaining the site selection process including
information about other sites that were considered and reasons for their rejection. In addition,
carriers shall demonstrate that facilities have been designed to attain the minimum height required
from a technological standpoint for the proposed site.
C. Geographic service area. Identify the geographic service area for the subject installation, including
a map showing the site and the associated "next" cell sites within the network. Describe the distance
between cell sites. Describe how this service area fits into and is necessary for the company's service
network. illustrate the geographic area in which the facility could be located showing all other sites
that could be used for antenna location.
D. Preferred location sites. Each application shall identify the locational preference, listed in Section
21.60.060, that the proposed facility is meeting. If the proposed location is not a preferred location,
describe what preferred location sites are located within the geographic service area. Provide a list (by
address with Assessor's Parcel Number information) and a map at 1 :200 scale of all buildings/sites
within the service area; what good faith efforts and measures were taken to secure each of these
preferred location sites; describe why each site was not technologically, legally or economically
feasible and why the efforts were unsuccessful; and how and why the proposed site is essential to
meet service demands for the geographic service area and the Citywide network.
E. Preferred mounting technique. Each applicant shall identify the antenna mounting preference,
listed in Section 21.34.080, the proposed facility is meeting. If the proposed mounting technique is
not a preferred technique, describe what other mounting techniques are possible given the geographic
service area. Provide a list (by address with Assessor's Parcel Number information) and a map at
1:200 scale of all the buildings/sites within the service area; what good faith efforts and measures
were taken to secure each of these preferred mounting locations/sites; describe why each site was not
technologically, legally or economically feasible and why the efforts were unsuccessful; and how and
why the proposed site is essential to meet service demands for the geographic service area and the
Citywide network.
F. Five-year plan. Provide a map showing how the proposed facility fits into the individual service
provider's network of existing and proposed antenna sites. Each application shall include a 5-year
facilities plan. The 5-year plan shall include:
1. Type of technology. A written description of the types of technology to be provided to its
customers over the next five years, (e.g., Cellular, PCS, ESMR);
2. Radio frequencies. A description of the radio frequencies to be used for each technology;
3. Services. The type of consumer services (voice, video, data transmission) and consumer products
(mobile phones, laptop PC's, moderns) to be offered;
4. All facilities. Provide a list of all existing, existing to be upgraded or replaced and proposed cell
sites within the City for these services by your company;
5. List of information. Provide a list of the 5-year cell sites, with the following information:
a. List the cell sites by address and Assessors Parcel Number;
b. The Zoning District in which the site is located;
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c. The type of building and the number of stories;
d. The name of the carrier (your company);
e. The number of antennas and base transceiver stations, equipment cabinets and buildings per
site by your carrier and, if there are other installations on a site, list the number by each
carrier;
f.
Describe the location and type of antenna installation (stand alone rooftop, rooftop attached
to a mechanical penthouse or building facade) and location of the base transceiver station,
equipment cabinets and buildings;
g. List the height from grade to the top of the antenna installation(s), the radio frequency range
in megahertz and the wattage output of the equipment;
6. Undetermined location. If specific cell site location(s) are unknown, list the Assessor's Blocks,
zoning designation and maximum height of the zoning districts contained within the geographic
service area you anticipate for each City neighborhood and identify each geographic service area
with a number that will correspond to the future cell site (e.g., site 1, site 2);
7. Five-year map. Using the City Zoning Map as a base, show the 5-year cell sites. If individual
properties are not known, show the geographic service areas of the cell sites.
G. Cumulative effects. Identify the location of the applicant's antennas and back up facilities per
building and number and location of other wireless telecommunication facilities on and near the
property; include the following:
1. Height. The height of all existing and proposed wireless telecommunications facilities on the
property, shown in relation to the height limit for the zoning district and measured from grade;
2. Antennas. The dimensions of each existing and proposed antenna, base transceiver station,
equipment cabinet and associated building and back-up equipment on the property;
3. Power rating. The power rating for all existing and proposed back-up equipment subject to the
application;
4. Ambient radio frequency. A report estimating the ambient radio frequency fields for the
proposed site;
5. Total watts. The total number of watts per installation and the total number of watts for all
installations on the building (roof or side);
6. Facilities within 100 feet. The number and types of wireless telecommunication facilities within
100 feet of the proposed site and provide estimates of the cumulative electro magnetic radiation
emissions at the proposed site.
H. Other permit requirements. The application information required by Title 21 of the Campbell
Municipal Code for the particular permit sought by the applicant (Use Permit or Site and
Architectural Review application).
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I. Fees. Payment of all filing fees and fees for processing and monitoring the permit application as
established by the City Council.
J. Independent review. The Community Development Director is explicitly authorized, at his/her
discretion, to employ on behalf of the City an independent technical expert to review any technical
materials submitted including, but not limited to, those required under this section and in those cases
where a technical demonstration of unavoidable need or unavailability of alternatives is required. The
applicant shall pay all the costs of said review including any administrative costs incurred by the City
at the time the application is filed. Any proprietary information disclosed to the City or the expert
hired shall remain confidential and shall not be disclosed to any third party.
K. Additional information. The Community Development Director may require the applicant to
submit additional documentation prepared at the applicant's cost which the Community Development
Director deems necessary to evaluate the proposed site or facility, including but not limited to,
identifying locations where a facility can be installed without prohibiting the service provider's ability
to provide its telecommunications service, information concerning the applicant's network of
telecommunications facilities, site selection criteria and radio frequency emission coverage.
21.34.060 - General Standards
A. Community development director's discretion. In any instance where a telecommunications
facility requires a Site and Architectural Review Permit under this ordinance, the Community
Development Director shall have the discretion to alternatively require a Use Permit if the
Community Development Director finds that the proposed project will have a substantial effect on the
surrounding area or is of sufficient size to warrant the consideration of the Planning Commission.
B. Cessation of operations. The service provider shall provide written notification to the Community
Development Director upon cessation of operations on the site exceeding a 90-day period. The
service provider shall remove all obsolete or unused facilities from the site within 180 days of
termination of its lease with the property owner or cessation of operations, whichever comes earlier.
C. New permit required. If a consecutive period of 180 days has lapsed since cessation of operations, a
new permit shall be required prior to use or reuse of the site.
D. Impact on parking. The installation of wireless telecommunication facilities shall not reduce
required parking on the site.
E. Length of permit term. Use Permits and Site and Architectural Review Permits for all wireless
telecommunications facilities shall expire five years after permit approval. Site and Architectural or
Use Permits for wireless telecommunications facilities that exist on the effective date of the ordinance
shall expire five years from that date or upon expiration of the permit term, whichever is earlier.
F. Existing facilities. At the time an application is submitted to allow an existing facility to remain, the
Community Development Director shall determine if the design or changes in design, location or
configuration allow review as a Stealth Facility in compliance with Section 21.34.030. If so, the
application may be approved administratively as a Site and Architectural Review Permit as described
therein and shall comply with the provisions of this Chapter. Applications which do not meet the
definition of Stealth Facilities shall be reviewed for approval of Use Permit by the Planning
Commission. All applications shall be reviewed for compliance with the requirements of this
Chapter.
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G. Security required. Prior to issuance of any permits for new wireless telecommunications facilities,
or prior to renewing a Use Permit or a Site and Architectural Review Permit for an existing wireless
telecommunications facility, the applicant shall provide an irrevocable letter of credit or other
reasonable form of security, satisfactory to the City Attorney, in an amount reasonably sufficient to
cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its
Use Permit or Site and Architectural Review Permit expires or is terminated and the equipment is not
voluntarily removed.
H. Upgrading of facility required. If technological improvements or developments occur which allow
the use of materially smaller or less visually obtrusive equipment, the service provider will be
required to replace or upgrade the approved facility upon application for a new Use Permit
application to minimize adverse effects related to land use compatibility, visual resources, public
safety or other environmental factors.
I. Business license required. Each service provider with a wireless telecommunications facility in the
City shall obtain a City Business License.
21.34.070 - Location of Wireless Telecommunications Facilities
Location preference for wireless telecommunications facilities should be given to:
A Industrial or commercial sites;
B. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures
may include, but not be limited to; buildings, telephone and utility poles, signage and sign standards,
traffic signals, light standards and roadway overpasses.
C. Sites that are not highly visible from adjacent roadways.
21.34.080 - Preferred Antenna Siting and Mounting Techniques
The following antenna and equipment siting and mounting techniques are preferred:
A Facade mounted antenna that meet the visual requirements specified below.
B. Monopole antennas that utilize stealthing techniques.
C. Roof mounted antennas that are not visible to the public.
21.34.090 - Visual
A. Minimize visual impact. All proposed wireless telecommunications facilities shall be located so as
to minimize their visual impact to the maximum extent feasible. If wireless telecommunication
facilities are to be located on architecturally significant or historic buildings or structures, all facilities
shall be integrated architecturally with the style and character of the structure or otherwise made
unobtrusive.
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B. Facade mounted. Facade-mounted antennas shall be integrated architecturally with the style and
character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should
be located entirely within an existing or newly created architectural feature so as to be completely
screened from view. To the extent feasible, facade-mounted antennas should not be located on the
front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight,
unless stealthing techniques reasonably eliminate visual impacts and designed to appear as an integral
part of the structure.
C. Equipment cabinets and associated equipment. Whenever possible, base transceiver stations,
equipment cabinets and buildings, back-up generators, and other equipment associated with building
mounted antennas should be installed within the existing building envelope or underground. If this is
not feasible, the equipment shall be as low profile, screened, fenced, landscaped or otherwise treated
architecturally to minimize its appearance from off-site locations and to visually blend with the
surrounding natural and built environment. Equipment buildings should be designed in an
architectural style and constructed of exterior building materials that are consistent with surrounding
development and/or land use setting (if applicable) and are a visually pleasing feature.
D. Roof mounted. Roof-mounted antennas and associated equipment shall be located as far back from
the edge of the roof as technically possible to minimize visibility from street level locations. Where
appropriate, construction of a roof top parapet wall or other appropriate screening to hide the facility
may be required.
E. No advertising. No advertising signage or identifying logos shall be displayed on wireless
telecommunications facilities, except for small identification plates used for emergency notification
or hazardous or toxic materials warning.
F. Stealthing. The applicants are encouraged to consider providing architectural treatments and to use
"stealth techniques" to reduce potential visual impacts for all telecommunication facilities, and
especially for those proposed in areas easily visible from a major traffic corridor or commercial center
or in residential areas. Stealth techniques can be required as Conditions of Approval when
determined to be necessary to mitigate adverse visual impacts.
G. Colors and materials. The colors and materials of telecommunications facilities shall be chosen to
minimize the visual impact of the facilities. All telecommunications facilities shall be painted a non-
reflective matte finish color to blend with the sky and/or predominant surroundings. The exact color
shall be determined based upon a photo simulation submitted by the applicant.
H. Landscaping. Landscaping, wherever appropriate, shall be used as screening to reduce the visual
impacts of telecommunications facilities. Any proposed landscaping shall be visually compatible
with existing vegetation in the vicinity.
I. Open space. Intrusions into usable open space within the lot shall be avoided or minimized. (Ord.
1965 §1(part), 1998).
21.34.100 - Landscaping/V egetation
A. Water efficient guidelines. All landscape plans shall include an irrigation plan for all planting
necessary to meet the requirements of this Chapter, including installing or upgrading existing
irrigation systems if necessary. All landscape plans shall meet the requirements of the City's Water
Efficient Guidelines (WELS).
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B. Existing landscaping. Existing trees and other screening vegetation in the vicinity of the proposed
facility and associated access-ways shall be protected from damage both during and after
construction. Submission of a Tree Protection Plan may be required to ensure compliance with this
requirement.
C. Damaged plants. Any plant material damaged during construction or as a result of the use of the
telecommunication site shall be replaced within 21 working days of notification.
D. Performance and maintenance agreement. Where applicable, the applicant shall enter into a
landscape performance and maintenance agreement with the City to ensure the installation and
establishment of required landscaping. This agreement shall be secured by financial guarantees in an
amount equal to 150 percent of the estimated cost of materials and labor for required improvements.
The duration of the landscape maintenance agreement shall be for the length of the Use Permit term.
E. Compatibility with existing area. New vegetation shall be compatible with the predominant setting
of the project area.
F. Off-site impacts to be mitigated. Off-site landscaping may be required, subject to the property
owners' permission, to mitigate off-site visual impacts, including requiring landscaping on public
rights-of-way to immediately obscure visibility of the facilities from passing motorists and
pedestrians.
21.34.110 - Public Safety and Traffic
A. Maintenance hours restricted in residential areas. Normal maintenance activities shall only occur
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, in residential areas,
excluding emergency repairs, unless the carrier requests and receives approval through a Use Permit
or a Site and Architectural Review Permit for a different maintenance period.
B. Security devices. In addition to providing visual screening, each telecommunications facility may
require fencing, anti-climbing devices, electronic devices or other techniques to prevent unauthorized
access and vandalism. However, the use of fencing and protective devices shall not add to the visual
impact of the facility. The design of fencing and/or protective devices shall be subject to Community
Development Department review and approval to assure that it is either not visible, is compatible with
the adjacent structures or screened from public view.
C. Graffiti resistant. All security fencing or walls shall be designed to be graffiti-resistant. The service
provider shall be responsible for graffiti-free maintenance of all telecommunication facilities. All
graffiti shall be removed within 14 days of notification by the City.
D. No interference with emergency transmissions. The installations shall not interfere with any City
emergency service telecommunications facilities transmission.
E. Public information. Each wireless telecommunications carrier may be required to provide additional
information to the public by means of community meetings and/or distribution of relevant literature
where requested by the Planning Commission based on issues raised at the public hearing that are
likely to be of significant concern to the community.
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F. Public access restricted. Antennas are to be sited in a way and barriers and signage provided to
prevent a person from passing within the safety limits established by the FCC-adopted standards for
controlled access.
21.34.120 - Noise and Heat and Odor Transmissions
A. Noise level: non-residential locations. The wireless telecommunications facility, including power
source, ventilation and cooling facility, shall not generate noise discernible to a person of normal
hearing beyond the property lines. When a wireless telecommunications facility is located on an
occupied building the noise shall not be discernible to a person of normal hearing who occupy the
facilities.
B. Noise level: locations proximate to residential uses. In no case shall noise generated on and near
residential uses exceed an exterior noise level of 65dBA or noise level audible from a residential use
with windows and doors closed an interior noise level of 45dBA
C. Back-up generators. Backup generators shall comply with the noise standard referenced above and
shall only be operated during power outages or for testing and maintenance between the hours of 8:00
a.rn. and 5:00 p.rn., Monday through Friday.
D. Heat generation. The wireless telecommunications facility, including power source and cooling
facility, shall not be operated so as to cause the generation of heat that adversely affects any building
occupant.
E. Odors. The testing of back-up generators shall not produce odors that adversely affect persons
occupying residential, office or commercial uses.
21.34.130 - Minimum Performance Standards
In addition to the Conditions of Approval of the Use Permit or Site and Architectural Review Permit, the
following conditions shall apply to the operation of wireless telecommunications facilities, where
applicable.
A. Warning signs. Signage shall be maintained at the facility identifying all wireless
telecommunications facility equipment and safety precautions for people nearing the equipment as
may be required by any applicable FCC-adopted standards, including the RF radiation hazard
warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause
exposure to RF emissions;
B. Emissions conditions. It is a continuing condition of this authorization that the facilities be operated
in a manner so as not to contribute to ambient RFÆMF emissions in excess of then current FCC
adopted RF/EMF emission standards; violation of this condition shall be grounds for revocation;
C. Periodic safety monitoring. The wireless telecommunications service provider shall submit to the
Community Development Director, 10 days after installation of the facilities and every two years
thereafter, a certification attested to by a licensed engineer expert in the field of EMR/RF emissions
that the facilities are and have been operated within the then current applicable FCC standards for
RF/EMF emissions. The report shall be written in plain English;
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D. Compatibility with city emergency services. The facility shall not be operated nor caused to
transmit on or adjacent to any radio frequencies licensed to the City for emergency
telecommunication services so that the City's emergency telecommunications system experiences
interference;
E. Fencing. Fencing, barriers or other appropriate structures or devices to restrict access to the facilities
shall be maintained;
F. Emergency contact. The service provider shall provide signage as required, including phone
numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at
the communications equipment/structure;
G. Lighting. The use of lighting shall not be allowed on wireless telecommunication facilities unless
required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on
adjacent uses.
21.34.140 - Façade Mounted Wireless Telecommunications Facilities
A. Type of permit. Facade mounted wireless telecommunications facilities shall be allowed in all
zoning districts and shall meet the development standards of the district in which they are proposed.
When the proposed facility is located on a commercial, industrial or publicly owned location and
meets the definition of a stealth facility, approval of a Site and Architectural Review Permit shall be
required. At the discretion of the Community Development Director, a Use Permit may alternatively
be required and the application referred to the Planning Commission where an installation does not
blend with the architectural features of the building or where the site is considered significant and
would benefit from public review. Where stealth technology is not used a Use Permit shall be
required.
B. Residential sites. Facade mounted facilities proposed for sites zoned and/or used for residential
purposes shall require a Use Permit.
C. Architectural design required. Facade mounted antennas shall be camouflaged by incorporating the
antennas as part of a design element of the building.
D. Architectural integrity. Facade mounted antennas shall be painted and textured to match the
existing structure unless used as a design element consistently throughout the building which is found
to add visual interest to the building. When used as a design element, dummy elements may be
required to be installed in order to retain the architectural integrity of the building.
E. Compatible scale. Antennas and the associated mountings shall be of a scale compatible with the
building and shall generally not project beyond a maximum of 18-inches from the face of the
building.
F. No negative visual impact. Antennas attached to building facades shall be so located, placed,
screened or otherwise treated to minimize any negative visual impact.
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21.34.150 - Roof Mounted Wireless Telecommunications Facilities
A. Type of permit. Roof mounted wireless telecommunications facilities shall be allowed in all zoning
districts and shall meet the development standards of the district in which they are proposed. When
the proposed facility is located on a commercial, industrial or publicly owned location and meets the
definition of a stealth facility, approval of a Site and Architectural Review Permit shall be required.
At the discretion of the Community Development Director, a Use Permit may alternatively be
required and the application referred to the Planning Commission where an installation does not blend
with the architectural features of the building or where the site is considered significant and would
benefit from public review. Where stealth technology is not used, a Use Permit shall be required.
B. Discouraged on residential buildings. Roof mounted antennas are discouraged on residential
buildings and are not allowed unless, based on the additional submittal requirements of Section
21.60.040.3, a finding can be made that no other reasonable alternative is available that meets the
service requirements of the service provider.
C. Interruption of view. Roof mounted antennas shall not be allowed when they are placed in direct
line of sight where they significantly affect scenic views. However, facilities may be allowed with
incorporation of appropriate stealth techniques.
D. Maximum building height. The maximum building height, including roof mounted antennas with
support structures, shall not exceed the maximum height allowed for buildings in the zoning district
in which the antenna is to be constructed. Applications for antennas that exceed the maximum height
shall submit a supplementary report outlining the reasons why the height requirement cannot be met.
The Community Development Director shall require an independent review, paid for in advance by
the applicant, to evaluate the applicant's request. Factors to be considered are whether or not another
site exists where the standards can be met, is there another method of installation that would result in
a project that complies with the standards, would the addition of another wireless telecommunications
facility allow the reduction in height of the proposed facility and any other technically feasible
method of siting the facility that would reduce the height. If it is determined that the additional height
is necessary, additional screening may be required to mitigate adverse visual impacts.
E. Minimize visual impacts. All roof mounted antennas shall be located in an area of the roof where
the visual impact is minimized. Rooftop equipment installations shall be setback so that they are not
viewed from the street. Screening panels may be used to mitigate visual impacts but shall be
designed to blend with the architecture of the building in terms of scale, material, and color. The cost
or inconvenience to provide screening of visual equipment shall not by itself provide justification to
install visible equipment or antennas.
F. Color and finish. All roof-mounted facilities shall be painted a non-reflective matte finish using an
appropriate color that blends with the backdrop. The final choice of colors shall be determined by the
Community Development Department on a case-by-case basis, in compliance with this Subsection.
G. Equipment cabinets and appurtenant equipment. The equipment cabinets, base transceiver
stations, cables and other appurtenant equipment, if located on the rooftop of buildings, shall be so
located as to be minimally visible from public rights-of-way.
H. Antenna height. Notwithstanding Subsection D of this section, no roof-mounted antennas, including
support structures, shall exceed 6-feet in height above the parapet of the roof.
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21.34.160 - Ground Mounted Wireless Telecommunications Facilities
A. Type of permit. Ground mounted wireless telecommunications facilities shall be allowed in all
zoning districts and shall meet the development standards of the district in which they are proposed.
When the proposed facility is located on a commercial, industrial or publicly owned location and
meets the definition of a stealth facility, approval of a Site and Architectural Review Permit shall be
required. At the discretion of the Community Development Director, a Use Permit may alternatively
be required and the application referred to the Planning Commission where an installation does not
blend with the architectural features of the building or where the site is considered significant and
would benefit from public review. Where stealth technology is not used, a Use Permit shall be
required.
B. Over-concentration. Ground mounted wireless telecommunications facilities shall generally not be
allowed within 1,000 feet of an existing wireless telecommunications facility, unless the Planning
Commission can make a determination that the cumulative visual impacts are not significant.
C. Height. Ground mounted antennas shall be no taller than 15 feet, including the height of the
antennas.
D. Visual analysis required. All proposed ground mounted wireless telecommunications facilities shall
require a visual analysis that includes photo simulations demonstrating the appearance of the site
prior to and after installation.
E. Vehicular access. Whenever possible, proposed wireless telecommunications facilities shall be
located within easy reach of existing access roads.
F. Color and finish. Ground mounted facilities shall be painted using non-reflective matte finished
shades designed to blend with the backdrop. However, the final choice of colors shall be determined
on a case-by-case basis upon determination of the color that best blends into the backdrop. If
equipment cannot be painted, adequate screening shall be provided that blends with the predominant
architectural design and material of adjacent buildings, including material, finish and texture. A
photo simulation may be required to illustrate the blending.
G. Landscaping. Landscaping shall be used to minimize any visual impacts. All proposed vegetation
shall be compatible with existing vegetation in the area.
H. Height of equipment structures. All associated base transceiver stations and/or equipment cabinets
and buildings for ground-mounted facilities shall be limited to a maximum height of six (6) feet
above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver
stations, equipment cabinets, and associated buildings that are taller may be partially buried
underground or other technique to maintain the six (6) foot height limit. Greater height may be
granted upon a finding that it is not possible to meet the height limitation and that adequate screening
of the equipment is provided.
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21.34.170 - Free-Standing Monopoles
A. Type of permit. Freestanding monopole wireless telecommunications facilities shall be allowed in
all zoning districts and shall meet the development standards of the district in which they are
proposed. When the proposed facility is located on a commercial, industrial or publicly owned
location and meets the definition of a stealth facility, approval of a Site and Architectural Review
Permit shall be required. At the discretion of the Community Development Director, a Use Permit
may alternatively be required and the application referred to the Planning Commission where an
installation does not blend with the architectural features of the building or where the site is
considered significant and would benefit from public review. Where stealth technology is not used, a
Use Permit shall be required.
B. Minimize visual impacts. Freestanding monopoles shall be located and designed to minimize visual
impacts. Freestanding monopoles in high visibility locations shall incorporate "stealth techniques" to
camouflage them as a piece of art/sculpture, a clock-tower, flag pole, tree or other interesting,
appropriate and compatible visual form. Stealth installations shall be used when the siting and
surrounding environment helps them to blend with the setting. For example, when a tree-pole is used,
it should be located in a grove of existing trees and not exceed the height of the trees.
C. Location. Monopoles may not be located within the required front yard setback of any property,
unless appropriate architectural elements for a "stealth facility" are incorporated in the design of the
monopole.
D. Co-location. If a co-location site exists in the geographic service area, the applicant shall provide the
City with a written narrative on why co-location does not meet the siting and design objectives of this
ordinance. As part of the application package, the applicant may also be asked to provide a letter from
the wireless telecommunications carrier owning or operating the existing facility stating reasons for
not permitting co-location.
E. Over-concentration. Freestanding monopoles shall generally not be allowed within 1,000 feet of
each other except when the cumulative visual impacts are not significant.
F. Height. All monopoles shall be designed at the minimum functional height required. The height of
monopoles shall not exceed the maximum height for buildings in the zoning district in which it is
located. If no maximum height is applicable, the height of monopoles shall be reviewed for the visual
impact on the neighborhood and community. Applications for antennas that exceed the maximum
height shall submit a supplementary report outlining the reasons why the height requirement cannot
be met. The Community Development Director shall require an independent review, paid for in
advance by the applicant, to evaluate the applicant's request. Factors to be considered are whether or
not another site exists where the standards can be met; is there another method of installation that
would result in a project that complies with the standards; would the addition of another wireless
telecommunications facility allow the reduction in height of the proposed facility; and any other
technically feasible method of siting the facility that would reduce the height. If it is determined that
the additional height is necessary, additional screening may be required to mitigate adverse visual
impacts.
G. Co-location. As a condition of approval for all freestanding monopoles, all wireless
telecommunications carriers proposing a monopole shall provide a written commitment to the
Community Development Director that they shall allow other wireless carriers to co-locate antennas
on the monopoles where technically and economically feasible.
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21.34.180 - Co-Location of Wireless Telecommunications Facilities
A. Co-location potential. Each application will be evaluated to determine the potential for co-location
of wireless telecommunication facilities. Co-location will be required if it is determined that it will
result in less visual clutter in the long term and if co-location results in reduced overall visual
impacts. A requirement to allow co-location may include co-location by other wireless
telecommunication service providers.
B. Case-by-case evaluation. Although co-location of various companies' facilities may be desirable, a
maximum number of antennas and back-up facilities per property shall be established, on a case-by-
case basis, so that the cumulative effect of numerous facilities and support structures do not create
visual blight by concentrating too many facilities upon one site, area, or neighborhood.
C. Use Permit required. Stealth co-location sites can be approved by a Site and Architectural Review
Permit. Nonstealth co-location sites can be approved by a Use Permit.
21.34.190 - Base Transceiver Stations, Equipment Cabinets and Associated
Buildings
A. Size and number. The sizes and the proposed number of base transceiver stations, equipment
cabinets, and associated buildings shall be the absolute minimum required to function. Any future
additions to the number of equipment cabinets and base transceiver stations may be subject to review
and approval by the Community Development Director if there is no physical or visual impact.
Additions that have physical or visual impacts to the site require Use Permit approval. Physical
impacts are created when on-site parking is impacted, landscaping reduced or when there is an
increase in the size of the equipment building or base transceiver station(s).
B. Hazardous materials. If the contents of the equipment cabinetJbuilding or base transceiver station
contains toxic or hazardous materials, a sign shall be placed on or around the exterior of the base
transceiver station or equipment cabinets and buildings warning the public. The size and placement
of the sign shall be subject to review and approval by the Community Development Director upon a
finding that the proposed sign is visible to the public and is clearly readable.
C. Noise attenuation. Additional acoustical baffling equipment or techniques may be required if the
base transceiver station, equipment cabinets and/or buildings exceeds acceptable noise levels.
D. Minimize visual impacts. The base transceiver stations, equipment cabinets, and buildings shall be
placed in areas so they have minimal visual impacts. Wherever possible, the base transceiver station,
equipment cabinets and buildings shall be located away from open spaces and required yard setbacks
and shall be placed within the building envelope area. Any visible portion of the base transceiver
station, equipment cabinets and buildings shall be treated to be architecturally compatible with the
surrounding structures and screened using appropriate techniques. Screening techniques may include
landscape treatment and/or architectural treatment to make it compatible with existing buildings or
installing the cabinets below grade to reduce their apparent height.
E. Stealthing. Cables and other appurtenant structures shall be located within existing buildings or
structures. Where this is not feasible, stealthing techniques shall be used to screen them from view.
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21.34.200 - Implementation and Monitoring Costs
The wireless telecommunications service provider or its successors shall be responsible for the payment
of all reasonable costs associated with the monitoring of the Conditions of Approval contained in this
authorization, including costs incurred by this Department, the Office of the City Attorney or any other
appropriate City Department or agency. The Community Development Department shall collect costs on
behalf of the City.
21.34.210 - Transfer of Operation
Any carrier/service provider authorized by the Community Development Director or by the Planning
Commission to operate a specific wireless telecommunications facility may assign the operation of the
facility to another carrier licensed by the FCC for that radio frequency provided that the transfer is made
known to the Community Development Director in advance of the operation and all Conditions of
Approval for the subject installation are carried out by the new carrier/service provider. However, the
carrier/service provider may, without advance notification, transfer operations of the facility to its general
partner or any party controlling, controlled by or under common control with the carrier/service provider.
21.34.220 - Complaints and Proceedings
Should any party complain to the wireless telecommunications service provider about the installation or
operation of the facilities, which complaints are not resolved by the wireless telecommunications service
provider, the wireless telecommunications service provider (or its appointed agent) shall advise the
Community Development Director of the complaint and the failure to satisfactorily resolve the complaint.
If the Community Development Director determines that a violation of a condition of approval has
occurred, the Community Development Director may refer the matter to the Planning Commission for
consideration of modification or revocation of the permit in compliance with the provisions of Section
21.34.230.
21.34.230 - Revocation of Permit
All conditions basis for revocation. The wireless telecommunications service provider or its successors
shall comply fully with all conditions specified in this authorization. Failure to comply with any
condition shall constitute grounds for revocation of the permit. The Community Development Director
shall notify the service provider that a violation exists and request compliance within a reasonable amount
of time. Upon failure to comply, the Community Development Director may schedule a public hearing
before the Planning Commission to receive testimony and other evidence to demonstrate a finding of a
violation of a condition of the authorization of the use of the facility and finding that violation the
Commission may modify or revoke the permit. A revocation by the Planning Commission may be
appealed to the City Council. All hearings shall be notified and conducted in compliance with the
proceedings set forth in Chapter 21.68.
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CHAPTER 21.36 - PROVISIONS ApPLYING TO SPECIAL USES
Sections:
21.36.010 - Purpose
21.36.020 - Accessory Structures
21.36.030 - Beer and Wine Festivals
21.36.040 - Caretaker or Employee Housing
21.36.050 - Cargo Storage Containers
21.36.060 - Child Care Facilities
21.36.070 - Large Family Child Care Homes
21.36.080 - Commercial Child Care Centers
21.36.090 - Garage and Private Yard Sales
21.36.100 - Hobby Car Restoration
21.36.120 - Liquor Stores
21.36.130 - Live/Work Units
21.36.140 - Mixed-Use Development
21.36.150 - Motor Vehicle Repair Facilities
21.36.160 - Outdoor Seating
21.36.170 - Outdoor Storage
21.36.180 - Pet Clinics
21.36.190 - Public Assembly Uses
21.36.200 - Residential Care Facilities
21.36.210 - Satellite Dish Antennas
21.36.220 - Secondary Dwelling Units
21.36.230 - Skateboard Ramps
21.36.240 - Solar Energy Systems
21.36.250 - Transitional Housing
21.36.260 - Towing Service and Vehicle Dismantling
21.36.010 - Purpose
This Chapter is intended to include regulations for special, unique, or newly created uses which may be
allowed in one, several, or all zoning districts.
21.36.020 - Accessory Structures
This section provides standards for accessory structures that are physically detached from, and
subordinate to, the main structure on the site.
A. Living quarters prohibited. An accessory structure shall not include sleeping quarters or a kitchen.
The number of allowed plumbing fixtures shall be limited to two fixtures and may only include a
toilet, sink, hot water heater or washing machine connection. Enclosed workshops with separate
entrances are not allowed. Workshops with partial bathrooms must be open to the rest of the structure
by at least a six-foot opening. The Community Development Director may require the recordation of
a Deed Restriction stating that the structure will not be used as a dwelling unit. A living unit may be
approved in compliance with Section 21.36.220 (Secondary Dwelling Units).
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B. Allowed accessory structures. Accessory structures and detached private garages and carports, may
be allowed in compliance with the following standards:
1. Accessory structures shall not exceed one story or 14 feet in height;
2. Accessory structures shall be located on the rear half of the lot;
3. Accessory structures shall be located to the rear or side of the main structure. If located to the
rear of the main structure, a minimum separation of 10 feet shall be required. If located to the
side of the main structure, a minimum separation of five feet shall be required;
4. Accessory structures shall meet all setback requirements of the applicable zoning district in which
they are located;
5. No accessory structure shall exceed 1,000 square feet. If there is more than one accessory
structure on a lot, one accessory structure shall be allowed up to 1,000 square feet and every one
subsequent to that shall not exceed 200 square feet;
6.
When there is more than one accessory structure on a lot, there shall be a minimum separation of
10 feet between each accessory structure;
7.
An accessory structure or private garage shall be considered detached if they do not share a
common interior wall with the main structure.
C. Design Criteria. Accessory structures that exceed 120 square feet in area must be architecturally
compatible with the main structure in terms of design, color and materials, as determined by the
Community Development Director.
21.36.030 - Beer and Wine Festivals
This section provides requirements for the conduct of beer and wine festivals on public and private
property.
A. Beer or wine festival on public rights-of-way.
1. Beer or wine festivals shall not be conducted on any public street, highway, alley, sidewalk, or
other public right-of-way, unless a special event permit has been obtained in compliance with
Chapter 5.50 of the City of Campbell Municipal Code.
2. No additional permits or approvals otherwise required by this Zoning Code shall be required for
conducting a beer or wine festival that has been approved in compliance with a special event
permit approved in compliance with Chapter 5.50. of the City of Campbell Municipal Code (Ord.
1706 § I (part), 1988).
B. Beer or wine festivals on private property. No permits or approvals otherwise mandated by this
Zoning Code shall be required for a beer or wine festival conducted on private property when located
in a C-1, C-2, C-3, or P-F zoning district if the following conditions are met:
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1. The property is not used for a beer or wine festival for more than four days in each calendar year;
and
2. All necessary permits are obtained from the department of alcoholic beverage control. (Ord. 1706
§ I (part), 1988).
C. No hard liquor. Nothing in this Chapter shall be construed to allow the service of any alcoholic
beverage other than beer or wine.
21.36.040 - Caretaker or Employee Housing
This section provides requirements for the establishment of caretaker or employee housing in zoning;
districts where they are allowed subject to the standards provided below.
A The principal use of the property shall be an approved conforming use.
B. Caretaker / employee housing shall be occupied by the caretaker / employee, for the purpose of
security for the allowed business or for the purpose of 24-hour healthcare, guardian, or other similar
attendant services.
C. The caretaker or employee housing unit shall not exceed 640 square feet in area and the unit shall
contain no more than one bedroom.
D. The architectural design of the housing unit shall integrated into and be compatible with the
architectural design of the building.
21.36.050 - Cargo Storage Containers
This section provides regulations for the use of sea cargo and transport containers used for storage
purposes, when placed on a property.
A One cargo container shall be allowed on a residential property in conjunction with an active building
permit and shall meet the following criteria:
1. The cargo container shall be installed on private property and not in a public right-of-way;
2. Maximum allowable time of installation on a residential property shall be one year from date of
installation;
3. The location of a cargo container, the installation date, and the removal date shall be shown on
the approved building plans;
4. The cargo container shall be removed before issuance of a Certificate of Occupancy; and
5. Placement of more than one cargo container shall require approval of a Use Permit.
B. Cargo containers may be allowed in residential zoning districts subject to approval of a conditional
use permit in compliance with Chapter 21.46 (Conditional Use Permits).
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C. Cargo containers may be allowed in nonresidential zoning districts subject to approval of a
conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits).
D. The use of cargo storage containers shall be considered temporary in nature and a one year maximum
time limit shall be imposed for their use. Upon approval, the applicant shall provide a letter of
agreement, satisfactory to the City attorney, stating that the container(s) will be removed from the
property within one year from the date of approval, unless the Planning Commission grants an
extension.
E. In order to approve a cargo storage container, the Planning Commission shall find that the placement
of a container(s):
1.
Does not adversely affect required parking facilities for the property;
2.
Is architecturally compatible with existing and neighboring structures to the extent possible
including building materials, colors and roof elements;
3.
Does not impair the orderly and harmonious development of the surrounding properties.
21.36.060 - Child Care Facilities
This section establishes standards for the provisions of child care facilities in zoning districts where they
are allowed in compliance with the provisions of Article 2 (Zoning Districts). Child care facilities shall
be in compliance with State law and in a manner that recognizes the needs of child care operators and
minimizes the effects on surrounding properties. These standards apply in addition to other provisions of
this Zoning Code and requirements imposed by the California Department of Social Services. Licensing
by the Department of Social Services is required for child care facilities.
A. Types. Child care facilities include the following types:
1. Small family child care homes (eight or fewer children). Allowed within a single-family
residence in zoning districts determined by Article 2 (Zoning Districts). Except for a clearance
from the Fire Department, no City land use permits or clearances are required;
2. Large family child care homes (nine to 14 children). Allowed within a single-family residence
in zoning districts determined by Article 2 (Zoning Districts) in compliance with the standards of
Section 21.36.070 (Large Family Child Care Homes), below; and
3. Commercial child care centers (15 or more children). Allowed in the zoning districts
determined by Article 2 (Zoning Districts), and the standards in Section 21.36.080 (Commercial
Child Care Centers), below.
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21.36.070 - Large Family Child Care Homes
A. Purpose. This section is designed to provide for, and to regulate the establishment of large family
child care homes in residential zoning districts. The purpose of permitting large family child care
homes is to allow the establishment of child care facilities in normal residential surroundings to meet
the child care needs of individuals and families, while preserving the integrity of the residential
neighborhood.
B. Conditional Use Permit. A Conditional Use Permit shall be required for all large family child care
homes in compliance with Chapter 21.46 (Conditional Use Permits).
C. Size. "Large family child care home" means a home that provides family child care for nine to 14
children, inclusive, including children who reside at the home, as defined by state regulation. A large
family child care facility shall meet all State requirements as specified in the Health and Safety Code.
D. Development standards. Except as specifically allowed in this section, the premises on which the
large family child care home is located shall comply with all regulations and restrictions applicable to
the zoning district in which it is located.
1. Parking and loading.
a. A safe and acceptable means of drop-off and pick-up shall be provided. The location of the
home and the on-site improvement shall provide reasonable vehicular and pedestrian
circulation.
b. A large family child care home shall require a minimum provision of three parking spaces in
addition to those required for a residential use as set forth in Section 21.28.040 (Number of
Parking Spaces Required). These three spaces shall be situated to have access to a public
right-of-way without passing over another parking space.
2. Noise.
a. Regardless of decibel level, and taking into consideration the noise levels generated by
children, no noise generated from the day care use shall unreasonably offend the senses or
obstruct the free use of neighboring properties so as to unreasonably interfere with the
comfortable enjoyment of the adjoining properties.
b. Mitigation measures may be required to minimize noise impacts (e.g., approved location of
outside play areas, the provision of sound attenuation barriers, etc.).
c. In order to protect residents of adjacent residential dwellings from noise impacts, a facility
within a residential zoning district may only operate up to 14 hours for each day between the
hours of 6:00 a.ill. and 8:00 p.m. and may only conduct outdoor activities between the hours
of 7:00 a.m. and 7:00 p.m.
3. State fire marshal. The proposed day care home shall comply with all applicable regulations
adopted by the State Fire Marshal.
4. Overconcentration. A large family child care home shall not be located within 300 feet of
another existing commercial day care center or large family child care home unless an exception
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is granted by the Planning Commission. The Planning Commission, in granting an exception,
shall find that the proposed concentration will not be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the neighborhood of the
proposed use.
5. Traditional family environment. The development shall be designed so that normal residential
surroundings are preserved and the integrity of the residential neighborhood is preserved.
a. The facility is the principle residence of the provider and the use is clearly incidental and
secondary to the use of the property for residential purposes.
b. No structural changes are proposed which will alter the character of the single-family
residence.
c. The fact that a home is used as a large family child care home shall not, in and of itself, be
construed to constitute a departure from the integrity of the residential neighborhood.
6. Square footage. The large family child care home shall provide adequate indoor living space
and outdoor open space to meet the needs of the children.
7. Play areas. Play areas shall be enclosed by a minimum of a 6-foot-high fence.
8. Signs. A large family child care home shall not be allowed the use of any signs.
E. Appeals. Appeals shall be in compliance with Chapter 21.62 (Appeals). In all appeals, the standards
set forth in Subsection D of this section shall govern.
F. Mandatory requirements. It shall be a mandatory requirement for owner and/or operator of a large
family child care home to fully comply with the requirements of this section, and to maintain the
home in conformance with the standards set forth in Subsection D of this section. Failure to comply
with this section shall be punishable in compliance with Chapter 21.70 (Enforcement).
21.36.080 - Commercial Child Care Centers
The following standards for commercial child care centers shall apply, in addition to those standards
provided for "Large Family Child Care Homes" in Section 21.36.070, above.
A. Parcel size. The minimum parcel size for a commercial child care center shall be 10,000 square feet.
B. Play areas. The center shall provide play areas as follows:
1. Indoor play areas. Indoor play areas shall be in compliance with State requirements requiring
35 square feet of unencumbered indoor space per child; and
2. Outdoor play areas. Outdoor play areas shall be in compliance with State requirements
requiring 75 square feet of unencumbered outdoor space per child and shall be enclosed by a 6-
foot high fence or wall.
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C. Hours of operation. Unless approved to operate for 24 hours, hours of operation shall be confined to
between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of
24 hours or more.
D. Signs. One sign shall be allowed in compliance with Chapter 21.30 (Signs).
E. Off-street parking. Off-street parking shall be provided in compliance with Chapter 21.28 (Parking
and Loading), plus additional surface area shall be provided that is of sufficient size to accommodate
off-street loading/unloading. The area used for parking shall not be used for both parking and as a
play area at the same time.
F. Other requirements. The facilities may also be subject to other requirements (e.g., California
Health and Safety Code, the California Administrative Code, and the Uniform Building Code).
21.36.090 - Garage and Private Yard Sales
This section provides locational and operational standards for the establishment of garage and private
yard sales, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria
and standards.
A No more than five garage and private yard sales are allowed in any calendar year;
B. No garage and private yard sales can be conducted for more than three consecutive days; and
C. No garage and private yard sales shall be conducted in the public right-of-way or in the rear or side
yard of the property.
21.36.100 - Hobby Car Restoration
This section provides locational and operational standards for the establishment of hobby car restoration,
in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards:
A. Hobby car restoration work shall not be conducted in the public right-of-way or in the front, side or
rear yard of the property;
B. Hobby car restoration work shall be conducted within an approved enclosed structure on the property;
C. Parts, supplies, and equipment shall be stored within an approved enclosed structure on the property;
D. No more than three vehicles for hobby car restoration may be on the property at any given time;
E. The owner and/or occupant of the property shall own the vehicles being restored as a hobby;
F. Fluids shall be disposed of in an approved manner;
G. Painting shall not be conducted on the property unless approved by the Santa Clara County Fire
Department and the Bay Area Air Quality Management District;
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H. Sound, noise, vibrations, pedestrian, or vehicle traffic shall not be in excess of those normal to a
residential use; and
I.
Hours of work are limited to 8 a.rn. to 9 p.rn.
21.36.120 - Liquor Stores
This section provides locational and operational standards for the establishment of off-site alcoholic
beverage sales, in compliance with Article 2 (Zoning Districts), which shall be subject to the following
criteria and standards:
A. Conditional Use Permit required. Off-site alcoholic sales establishments shall be allowed by
Conditional Use Permit, in compliance with Chapter 21.46, (Conditional Use Permits), and subject to
all of the restrictions of the applicable zoning district.
B. Plans. Plot plans, landscaping and irrigation plans, and floor plans shall be subject to the approval of
the Planning Commission.
C. Proximity to sensitive receptors. All off-site alcoholic sales establishments, except grocery stores,
shall be separated from a park, playground, or school a minimum distance of 300 feet measured
between the nearest property lines.
D. Proximity to other establishments. All off-site alcoholic establishments, except grocery stores,
shall be a minimum of 500 feet from another such use, either within or outside the City.
E. Additional conditions. The Planning Commission may add additional conditions required to protect
the public health, safety, and general welfare of the community.
21.36.130 - Live/Work Units
A. Purpose. This section provides standards for the development of new live/work units and for the
reuse of existing commercial and industrial structures to accommodate live/work opportunities.
Live/work units are intended to be occupied by business operators who live in the same structure that
contains the business activity. A live/work unit is intended to function predominantly as workspace
with incidental residential accommodations that meet basic habitability requirements.
B. Applicability. The provisions of this section shall apply to live/work units where allowed in
compliance with Article 2 (Zoning Districts) and the following criteria and standards.
C. Limitations on use. A live/work unit shall not be established or used in conjunction with any of the
following activities:
1.
Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational
vehicles), vehicle detailing and painting, upholstery, etc.);
2. Storage of flammable liquids or hazardous materials beyond that normally associated with a
residential use;
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3. Other activities or uses, not compatible with residential activities and/or that have the possibility
of affecting the health or safety of live/work unit residents, because of dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because
of materials, processes, products, or wastes.
D. Allowable density. One live/work unit shall be allowed for each 2,000 square feet of parcel area.
E. Development standards.
1. Floor area requirements. The minimum floor area of a live/work space shall be 1,000 square
feet. All floor area other than that reserved for living space shall be reserved and regularly used
for working and display space.
2. Street frontage treatment. Each live/work unit fronting a public street at the ground floor level
shall have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential
areas of the structure. The first 50 feet of the floor area depth at the street-level frontage shall be
limited to display and sales activity.
3. Access to units. Where more than one live/work unit is proposed within a single structure, each
live/work unit shall be separated from other live/work units and other uses in the structure.
Access to each unit shall be clearly identified to provide for emergency services.
4. Integral layout.
a. The living space within the live/work unit shall be contiguous with, and an integral part of the
workinglbusiness space, with direct access between the two areas, and not as a separate
stand-alone dwelling unit.
b. The residential component shall not have a separate street address from the business
component.
5. Parking. Each live/work unit shall be provided with at least three off-street parking spaces. The
decision making body may modify this requirement for the use of existing structures with limited
parking.
F. Operating standards.
1. Occupancy. A live/work unit shall be occupied and used only by a business operator, or a
household of which at least one member shall be the business operator.
2. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or
sold.
3. Notice to occupants. The owner or developer of any structure containing live/work units shall
provide written notice to all live/work occupants and users that the surrounding area may be
subject to levels of dust, fumes, noise, or other impacts associated with commercial and industrial
uses at higher levels than would be expected in more typical residential areas. Noise and other
standards shall be those applicable to commercial or industrial properties in the applicable zoning
district.
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4. On-premises sales. On-premises sales of goods is limited to those produced within the live/work
unit; provided, the retail sales activity shall be incidental to the primary production work within
the unit. These provisions shall allow open-studio programs and gallery shows.
5. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in
the unit, unless this employment is prohibited or limited by the decision making body. The
employment of any persons who do not reside in the live/work unit shall comply with all
applicable Uniform Building Code (UBe) requirements.
G. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential
use or entirely business use unless authorized through Conditional Use Permit approval.
H. Required findings. The approval of a Conditional Use Permit for a live/work unit shall require that
the decision making body first make all of the following findings, in addition to those findings
required for Conditional Use Permit approval:
1. The establishment of live/work units will not conflict with nor inhibit commercial or industrial
uses in the area where the project is proposed;
2. The structure containing live/work units and each live/work unit within the structure has been
designed to ensure that they will function predominantly as work spaces with incidental
residential accommodations meeting basic habitability requirements in compliance with
applicable regulations; and
3. Any changes proposed to the exterior appearance of an existing structure will be compatible with
adjacent commercial or industrial uses where all adjacent land is zoned for commercial or
industrial uses.
21.36.140 - Mixed-Use Development
This Section provides development and operational standards for the establishment of mixed-use
developments. For the purpose of this section, mixed-use projects are developments that combine both
commercial retail/office and residential uses or structures on a single parcel, or as components of a single
development.
A. Mix of uses. A mixed-use project shall only combine residential uses with commercial/office uses.
Mixed-use projects that provide commercial and/or office space on the ground floor with residential
units above (vertical mix) are encouraged over projects that provide commercial structures on the
front portion of the lot with residential uses placed at the rear of the lot (horizontal mix).
B. Development standards.
1. Density. The allowable density of a mixed-use project shall be as allowed in the underlying
General Plan land use designation and any bonuses that may be approved by the City.
2. Parking. Parking shall be provided for each use in compliance with Chapter 21.28, (Parking and
Loading). The decision making body may approve a Shared Parking Reduction in compliance
with Chapter 21.28, (Parking and Loading).
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3.
Floor area ratio. Residential uses shall be encouraged by not counting the FAR of the
residential units toward the allowable FAR of the project.
4.
Open Space. The decision making body may approve a reduction in the required open space for
the residential component of mixed-use developments when it finds that all reasonable attempts
to fulfill such requirement have been exhausted and the open space is not able to be
accommodated due to the urban infill characteristic of the development site.
C. Building design.
1. Design standards. A mixed-use project shall be designed and constructed to:
a. Be compatible with and complement adjacent land uses;
b. Maintain the scale and character of development in the immediate neighborhood;
c. Mitigate glare, light, noise, traffic, and other potential environmental impacts to the
maximum extent feasible.
2. Consistent style and use of materials. The architectural style and use of materials shall be
consistent throughout the entire project. Differences in materials and/or architectural details shall
only occur where the intent is to differentiate between the residential scale and character of the
structure and the commercial scale and character.
21.36.150 - Motor Vehicle Repair Facilities
This section provides locational and operational standards for the establishment of motor vehicle repair
facilities, in compliance with Article II (Zoning Districts and Allowable Land Uses), which shall be
subject to the following criteria and standards.
A The motor vehicle repair facility shall provide adequate vehicular circulation to ensure against traffic
circulation problems.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the
surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six foot high solid masonry wall shall be maintained along the exterior boundaries of the motor
vehicle repair facility, excluding the front yard setback area, those locations approved for ingress
and egress, and areas adjoining a street, other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view
from any public street or highway, or adjoining properties, by a 6-foot high decorative masonry
wall or other opaque material approved by the Community Development Director.
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F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a vehicle sales
lot).
H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from
residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays
and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized
holidays.
1.
Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a
residential development or zoning district.
J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.
21.36.160 - Outdoor Seating
This Section provides standards for the provision of outdoor seating/dining areas on private property.
A. Applicability. Outdoor seating/dining areas shall be allowed in the C-1 (Neighborhood
Commercial), C-2 (General Commercial), and P-D (Planned Development) zoning districts. These
provisions are not applicable to outdoor seating in the C-3 (Central Business District) zoning district.
See Section 21.10.060.1. (Standards and permit requirements for outdoor seating and merchandise
display within the public right-of-way).
B. Permit requirements. Outdoor seating shall be allowed subject to approval of a Zoning Clearance
by the Community Development Director. The number of outdoor seats that may be approved by the
Community Development Director shall be 10 percent of the total seating, up to a maximum of 12
outdoor seats. Approval is subject to the standards provided below and any other conditions as may
be deemed necessary by the Community Development Director in order to protect the health, safety,
and welfare of the City. If the outdoor seating exceeds 12 seats, a Conditional Use Permit shall be
required in compliance with Chapter 21.46 (Conditional Use Permits).
C. Application requirements. Application for a Zoning Clearance shall be filed with the Community
Development Department. The application shall be accompanied by a plan set, drawn to scale,
depicting seating area dimensions and the location of tables, seating, and fence/landscape buffers,
together with other information and exhibits as required by the Community Development Director.
D. General standards.
1. Buffer. The outdoor seating area shall be surrounded by a fence, landscape planters, or similar
appropriate barrier of a type, design, and height approved by the Community Development
Director. The fence, landscape planters, or other approved barrier shall be maintained in a
manner satisfactory to the Community Development Director.
2. Noise. Noise generated from an outdoor dining and seating area (e.g., amplified music) shall not
unreasonably offend the senses or interfere with the comfortable enjoyment of the adjoining
properties and shall comply with the noise standards in Section 21.16.070 (Noise).
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3. Litter control. The permit holder is responsible for picking up litter associated with the outdoor
seating or display and shall maintain the area in a clean condition at all times.
4. Location of seating. Outdoor seating shall be located as indicated in the approved application
and accompanying plans and shall not be placed within the area of disabled ramps, driveways,
doorways or the public right-of-way.
5. Quality. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall
be attractive, made of durable materials, and shall be maintained in good repair and in a manner
to enhance the character of the area.
6. Securing of tables, seating, and associated umbrellas. Tables, chairs, and associated umbrellas
shall be secured so as not to be moved by the wind. However, they may not be bolted into the
ground or secured to outdoor lights, trees, a building, or other furniture or objects.
7. Umbrella canopies. The canopies of umbrellas associated with outdoor tables shall provide a
minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside
edge of the table, and shall not extend into walkways.
21.36.170 - Outdoor Storage
This section provides development and operational standards for the establishment of outdoor storage
areas, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards. n .
A. Screening required. Outdoor storage areas shall be entirely enclosed and screened with a solid
sight-obscuring wall not less than six feet, or more than eight feet, in height. The enclosure shall be
of a type and design approved by the Community Development Director. The wall shall include
sight-obscuring gates. The wall and gate(s) shall be landscaped and continuously maintained in good
repair.
B. Height of materials. Material shall not be stored above the height of the screen wall.
C. Site operations. Site operations in conjunction with outdoor storage, including the loading and
unloading of materials and equipment, shall be conducted entirely within a walled area.
E. Incidental or primary use. Incidental outdoor storage shall be allowed, subject to the above
standards. Outdoor storage that is a primary land use shall be subject to the applicable permitting
requirements identified in Article 2, (Zoning Districts), and the above standards. Outdoor storage
shall not be allowed within 50 feet of a residentially zoned property.
21.36.180 - Pet Clinics
This section provides development and operational standards for the establishment of pet clinics, in
compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and
standards.
A. Small animals only. Treatment at such clinic shall be confined to small animals, such as dogs, cats,
birds, and the like.
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B. Overnight boarding. All animals shall be treated on an outpatient basis and no overnight boarding
shall be allowed except that three to five animals may be kept overnight on the premises for treatment
purposes only, unless otherwise approved by the Planning Commission.
C. Noise mitigation. The entire clinic, including treatment rooms, cages or pens shall be maintained
with a completely enclosed, soundproof building constructed of materials which will insure that no
sound exceeding 65 decibels shall be audible on the exterior of the building. The clinic shall also be
provided with air-conditioning that is adequate to prevent the necessity of opening doors and
windows for ventilation purposes.
D. Odor mitigation. The clinic shall be designed and operated in a manner so as to guarantee that no
objectionable odors or noises shall be produced outside its walls, and provisions for the off-site
disposal of all dead animals and of all waste materials shall be made in compliance with County
health standards. The removal of waste material and dead animals shall be done so as to guarantee
that no obnoxious odor is produced. There shall be no burning or other disposal of dead animals on
the premises.
E. Location. The proposed operation shall be located no closer than 50 feet to any residentially zoned
property.
F. Hours of operation. The Planning Commission shall have the authority to determine the normal
hours of operation for each clinic dependent on location; however, emergency calls after hours shall
not be prohibited.
G. Finding. The Planning Commission shall find that the use in the proposed location is compatible
with other uses in the surrounding area.
H. Compliance with other regulations. Pet clinics shall comply with other state, county, and city
ordinances that pertain to the use or zone where they are conducted.
21.36.190 - Public Assembly Uses
A. Purpose. This Section is designed to provide for and to regulate the establishment of public
assembly uses where they are allowed in compliance with the provisions of Article 2 (Zoning
Districts).
B. Conditional Use Permit. A Conditional Use Permit shall be required for public assembly uses in
compliance with Chapter 21.46 (Conditional Use Permits).
C. Development standards. Except as specifically allowed in this Section, the premises on which a
public assembly use is located shall comply with the regulations and restrictions applicable to the
zoning district in which it is located.
1. Location. A public assembly use shall be located on a collector street or arterial street as
designated in the City's General Plan.
2. Parking and loading. Parking and loading requirements shall be as identified in Chapter 21.28
(Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and
pick-up of persons using the public assembly facility shall be provided.
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3. Circulation. The location of the public assembly use and the on-site improvements shall provide
for safe and efficient vehicular and pedestrian circulation. The Planning Commission or City
Council may require the presence of one or more parking attendants and/or police officers to
ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the
public right-of-way.
4. Hours of operation. The Planning Commission through the discretionary review process shall
determine the allowable hours of operation of a public assembly use.
5. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by
public assembly uses, noise generated from a public assembly use shall not unreasonably offend
the senses or obstruct the free use and comfortable enjoyment of neighboring properties.
Mitigation measures may be required to minimize noise impacts (e.g., approved location of
parking and loading areas, the provision of sound attenuation barriers, etc.).
6. Overconcentration. A public assembly use shall not be located within 300 feet of another
existing public assembly use unless the Planning Commission grants an exception. The Planning
Commission, in granting an exception, shall find that the proposed concentration will not be
detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or
working in the neighborhood of the proposed use.
7. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs).
21.36.200 - Residential Care Facilities
This section provides development and operational standards for the establishment of residential care
facilities, in compliance with Article 2 (Zoning Districts) subject to the following criteria and standards.
A. Purpose. This Chapter is intended to regulate residential care facilities with seven or more residents
in addition to the caregiver. Residential care facilities serving six or fewer residents, in addition to the
caregiver, are allowed in all zoning districts that permit single-family residences and shall not be
required to meet any requirement of this section.
B. Residential care facilities criteria. When the proposed use meets the requirements of this section
and all the following criteria, residential care facilities serving seven or more residents in addition to
the caregiver may be allowed in compliance with Article 2 (Zoning Districts).
1. There shall be no other residential care facilities of any size within 500 feet of the subject
property, measured from property boundary line to property boundary line, of another existing
residential care facility or a facility for wards of the juvenile court. The Community
Development Director may require, as a reasonable condition of approval, that the facility be
located farther than 500 feet from the nearest similar facility, up to a distance of one mile.
2. Residential occupancy of residential care facilities for the elderly, other than by the caregiver and
the immediate family, shall be limited to single persons over 60 years old or to married couples of
which one spouse is over 60 years old, who are provided varying levels and intensities of care and
supervision and personal care, and who have voluntarily chosen to reside in this type of group
housing arrangement.
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3. The proposed use shall be licensed by the State and shall be conducted in a manner that complies
with applicable provisions of the California Health and Safety Code for this kind of occupancy. If
the State license is suspended or revoked, the Conditional Use Permit may also be suspended or
revoked.
4. Facilities with persons in excess of 60 years of age or with physical disablements shall be
specifically designed and adapted to include safety bars and rails in bedrooms and bathrooms,
ramps, and other provisions required for elderly or disabled persons by State law or Federal
regulations. In addition, facilities shall include a common dining area as well as adequate
common living areas and amenities to facilitate program activities.
5. The use shall be specifically designed and maintained to have a residential appearance as
determined by review of the Community Development Director and be compatible with the
architectural character of the zoning district. In residential zoning districts, signs and any other
"non-residential" features visible from the public right-of-way shall not be allowed.
6. The facility shall be reviewed annually by the Community Development Director to verify
licensing, compliance with State standards, and compliance with the Conditional Use Permit
conditions. Community Development Department staff shall be entitled to enter the premises of
the facility to conduct a review.
D. Density standards. Residential care shall have a total floor area that averages at least 350 square feet
of floor area per resident, excluding parking. Where existing structural constraints preclude meeting
this requirement, additional floor area to meet this requireJ11ent may be achieved through covered
patios -and decks. -
E. Revocation of Zoning Permit. A Conditional Use Permit for a residential care facility may be
revoked at any time by the City Council, in compliance with Chapter 21.68. (Revocations and
Modifications), provided that the City Council finds that the presence of the facility at its present
location has resulted in the surrounding neighborhood sustaining a disproportionate and unreasonable
level of vandalism, violence, or other acts of disruption.
F. Open space requirements.
1. Residential care facilities shall provide a minimum of 100 square feet of common outdoor usable
open space area per resident and live-in caregiver.
2. Open space areas to be counted toward the requirements of this section shall have a minimum
dimension of not less than 10 feet in any direction and be easily accessible to all residents.
3. Outdoor areas shall be designed to provide amenities and recreational areas compatible with the
needs of the residents, including pathways and sitting areas, flower and vegetable gardens,
shuffleboard courts, putting greens, and similar active recreation areas.
4. The proposed improvement of required open space shall be designated on the plans submitted
with the application, and shall be considered a part of the Conditional Use Permit.
G. Off-street parking.
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1. Buildings constructed as residential care facilities serving from seven to 15 residents shall be
required to provide one parking space for each five residents, in addition to one parking space for
each live-in caregiver. At least two of the parking spaces shall be covered.
2. Buildings constructed as residential care facilities serving more than 15 residents shall be
required to provide one parking space for each five residents in addition to one parking space for
each caregiver, employee, or doctor on-site at anyone time.
3. Existing single-family residences to be converted into residential care facilities shall maintain
required covered parking. Additional parking to meet the requirement of subsection (1) or (2)
above may be enclosed or uncovered.
H. Development standards.
1. Residential care facilities shall provide a 6-foot high solid fence or decorative block wall along all
property lines, except in the front yard. Walls shall provide for safety with controlled points of
entry.
2. Quality of landscaping shall be consistent with that prevailing in the neighborhood and shall be
regularly maintained, including providing irrigation.
3. On-site lighting shall be stationary and shall be directed away from adjacent properties and public
rights-of-way.
4. Outdoor activities shall be conducted only between the hours of 7:00 a.ill. and 10:00 p.m.
5. Indoor furniture shall not be allowed outdoors.
21.36.210 - Satellite Dish Antennas
Satellite dish antennas of greater than three feet in diameter may be allowed in any zoning district subject
to the following criteria and standards.
A. Residential zoning districts. Dish antennas to be erected in any residential zoning district shall
conform to the following regulations:
1. Shall not be visible from a public or private street, unless adequately screened by landscaping
and/or materials that harmonize with the elements and characteristics of the property;
2. Shall not be located in any front yard or any yard adjacent to a public or private street;
3. The maximum height shall be 14 feet;
4. Shall be set back from the property line a distance equal to the height of the antenna; and
5. Shall not be located in parking or driveway areas.
B. Nonresidential zoning districts. Dish antennas to be erected in any nonresidential zoning district
shall conform to the following regulations:
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1. Shall not be located in parking or driveway areas;
2. Shall not be located in any front yard, yard adjacent to any public or private street, or in any
required setback;
3. Shall not be visible from any public or private street unless adequately screened by landscaping
and/or materials that harmonize with the elements and characteristics of the property;
4. Shall not be higher than the maximum height allowed by the district.
C. Exceptions. Users of satellite dish antennas may be granted deviations from the regulations of this
section as are necessary to ensure that the regulations will not:
1. Prevent or impose unreasonable limitations on the reception of satellite-delivered signals; or
2. Impose cost on the users of the antennas that are excessive in light of the purchase and
installation cost of the equipment. The deviation allowed by this Subsection may not be any
greater than is necessary to achieve the desired results.
D. Application for approval. Prior to installing a dish antenna regulated by this section, a site plan and
elevations shall be submitted for' approval of the Community Development Director, along with
reasons for any requested deviation from the regulations. If no deviation is requested, the Community
Development Director shall review the proposed placement for compliance with this section and
approve, disapprove, or modify the proposed placement. A building permit application shall be
obtained prior to installation.
21.36.220 - Secondary Dwelling Units
This section provides for the establishment of secondary dwelling units in compliance with Article 2
(Zoning Districts). The purpose of permitting secondary dwelling units is to allow more efficient use of
the City's existing housing stock and to provide the opportunity for the development of small rental
housing units designed to meet the special housing needs of individuals and families, while preserving the
integrity of single-family neighborhoods.
A. Development standards. The following property development standards shall apply to all land and
structures in the R-1 zoning districts that allow secondary dwelling units:
1. 10,000 square feet minimum lot size. On R-110ts having a minimum lot area of 10,000 square
feet, the following standards shall apply.
a. Zoning requirements. All yards, building height, distance between buildings, setbacks,
floor area ratio and lot coverage standards of the zoning district in which the property is
located shall apply. Secondary dwelling units in the San Tomas Area shall be in compliance
with all the provisions of the San Tomas Area Neighborhood Plan.
b. Floor area. The total gross floor area of a secondary dwelling unit, whether attached or
detached, shall be no more than 640 square feet, exclusive of any garage area, and the unit
shall contain no more than one bedroom.
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c. Living unit height. A detached unit shall be a maximum of 14 feet in height and not to
exceed one story. An attached unit, or interior conversion of an existing main structure, shall
meet the height restrictions for the zone in which it is located.
d. Design. The secondary dwelling unit shall be designed so that it is architecturally compatible
with the main dwelling unit and the appearance of the main dwelling unit remains that of a
single-family residence. Entrances shall be located so as not to be visible from a public
street.
e. Off-street parking. A single-family unit containing a secondary dwelling unit shall be
provided with four parking spaces, two of which shall be covered. The spaces may be
allowed in tandem in a driveway of a two-car garage if the garage meets minimum setbacks
and the lot configuration precludes placement of parking areas elsewhere on the property.
f.
Occupancy. No more than one dwelling unit on the parcel shall be rented or leased. The
City shall require recordation of a deed restriction setting forth occupancy maximums.
g. Payment of an in lieu fee for parks. An in-lieu fee for parks shall be paid to the City in
compliance with the City's Fee Resolution prior to the issuance of a Certificate of Occupancy
for the secondary dwelling unit.
2. Other lots. On R-llots having a minimum lot area of 250 percent of the minimum required for
the zoning district in which it is located, the following shall apply:
a.
Where a lot has an area equivalent to 250 percent of the minimum lot size required by the
zoning district in which it is located, but without the required frontage to create a separate
parcel, a second detached dwelling unit may be allowed subject to the requirements above,
except that the dwelling unit size provision required above shall not apply.
B. Restrictions.
1. Secondary dwelling units shall not be allowed on parcels on which more than one living unit is
presently located.
2. No subdivision of land or air rights shall be allowed.
3. Secondary dwelling units shall comply with all applicable building and fire codes.
C. Ministerial approval. Approval of a secondary dwelling unit shall be ministerial and shall require
approval of a Building Permit in conformance with all requirements of this Section and a Zoning
Clearance in compliance with Chapter 21.40 (Zoning Clearances).
21.36.230 - Skateboard Ramps
This section establishes development and operational standards for skateboard ramps in residential zoning
districts.
A. Allowed ramps. Skateboard ramps that are not higher than four feet above finished grade or
depressed not more than four feet below finished grade and are neither longer nor wider than four feet
are allowed in all residential zones subject to the following criteria and standards.
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B. Standard requirements.
1. Not more than one skateboard ramp conforming to the provisions of this section shall be allowed
on any parcel of land within the City.
2. Skateboard ramps shall not be located in the public right-of-way.
3. The skateboard ramp shall be located in the rear yard and not in the front yard or side yard
(including a street side yard). In no case shall a skateboard ramp be visible from any public
street.
4. The skateboard ramp surface shall be covered with a smooth material (e.g., masonite to help
reduce noise.
5. Any required building permits shall be obtained prior to construction of a skateboard ramp.
6. In no case may-noise generated from a skateboard ramp create a nuisance for an adjoining
property owner or resident. For purposes of this paragraph, noise levels generated by the ramp
and its users in excess of 60 decibels measured on an adjoining residential parcel are considered
to be a nuisance.
7. In no case may a ramp be located closer than 10 feet to any property line.
C. Ramps requiring approval of a Conditional Use Permit. Skateboard ramps that exceed the
dimensions specified in Subsection A of this section may be allowed subject to the approval of a
Conditional Use Permit. Application for a Conditional Use Permit shall comply with the
requirements of Chapter 21.72 of this code. Applications for approval of a conditional use permit
shall comply with the standards specified in Subsection B of this section. In addition, skateboard
ramps requiring approval of a Conditional Use Permit shall also comply with the following
conditions:
1. The underside of the skateboard ramp shall be enclosed and include foam or other suitable sound
absorbing material.
2. The setback requirements for ramps requiring approval of a Conditional Use Permit is 10 feet
from the rear and side property lines. The Planning Commission may require greater or lesser
setbacks for any skateboard ramp if the Commission finds that greater or lesser setbacks would
adequately protect the surrounding properties from undue disturbance.
D. Exceptions.
1. Commercial and industrial areas. Skateboard ramps may be allowed in the commercial and
industrial zoning districts of the City in conjunction with a commercial skateboard park, subject
to approval of a conditional use permit.
2. Existing ramps. Skateboard ramps legally existing prior to January 1, 1990, may remain,
provided:
a. A valid building permit was obtained if required by the applicable law; or
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b. A building permit was not required, or the ramp complies with all of the standard
requirements outlined in Subsection B of this section. If the requirements outlined in
Subsection B of this section have not been complied with or a building permit has not been
obtained, it will be presumed that the ramp is illegal and subject to enforcement powers of the
City.
3. Portable ramps. One portable ramp less than two feet in height and less than four feet in either
length or width may be allowed on a residential parcel of land and shall be exempt from the
standards outlined in Subsection B of this section.
21.36.240 - Solar Energy Systems
This section establishes standards for the provision of solar energy panels in all zoning districts.
A. The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is
allowed within all zone districts, whether as a part of a structure or incidental to a group of structures
in the nearby vicinity.
B. Use of solar energy collectors is subject to the development standards (e.g., height, setback, etc.)
applicable to the zoning district where they are located.
C. Collection devices shall be integrated with the surface to which they are affixed, parallel with the wall
or roof to which they are attached, and not projecting from that surface more than is necessary for
attachment purposes.
D. Where the strict application of applicable development standards would prohibit or severely limit
solar access, the Community Development Director may approve minimum adjustments to the
standards necessary to achieve an adequate level of solar access. The decision to allow a
modification to standards shall be based on the following criteria:
1. Different levels of solar access available with regard to height, setback, and related development
standards;
2. Aesthetics of the specific area and project;
3. Characteristics of shading due to buildings and trees in determination of necessary solar access
plane;
4. Identification of possible conflicts with development regulations and individual landowner
preferences.
21.36.250 - Transitional Housing
This section provides locational and operational standards for the establishment of transitional housing
uses, in compliance with Article II (Zoning Districts and Allowable Land Uses), which shall be subject to
the following criteria and standards:
A. Conditional Use Permit required. Transitional housing uses shall be allowed by Conditional Use
Permit and subject to all of the provisions of the applicable zoning district;
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Provisions Applying to Special Uses
B. Conformance. The facility shall conform to all property development standards of the zoning district
in which it is located;
C. Separation requirements. A minimum separation of 300 feet shall be required from a proposed
transitional housing facility and another similar facility or a single-family residentially zoned or
occupied parcel;
D. Maximum stay. The duration of stay shall be limited to a maximum of six months.
21.36.260 - Towing Service and Vehicle Dismantling
This section provides locational and operational standards for the establishment of towing service uses, in
compliance with Article II (Zoning Districts and Allowable Land Uses), which shall be subject to the
following criteria and standards:
A. Location. The location of the proposed use shall not be detrimental to the adjoining area and shall
not be located within 100 feet of residentially zoned property.
B. Storage of vehicles. The storage of wrecked or abandoned vehicles shall be kept at all times within
an area completely enclosed by a 6-foot high solid wall or sight-obscuring fence. There shall be no
stacking of wrecked or abandoned vehicles.
C. Enclosed building. All auto dismantling activities shall be conducted wholly within an enclosed
building,
D. Fire access. Minimum gate opening of 12 feet in width shall be provided and a minimum of 12 feet
to be maintained between rows of automobiles to provide room for fire equipment,
E. Paving required. Storage yard to be paved as required by Chapter 21.28, (Parking and Loading).
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
ARTICLE 4
LAND U SEIDEVELOPMENT
REVIEW PROCEDURES
Chapter 21.38 - Application Filing, Processing, and Fees .............................................................................. 3
21.38.010 - Purpose of Chapter .......................................................................................................................3
21.38.020 - Authority for Land Use and Zoning Decisions ............................................................................3
21.38.030 - Application Filing and Fees ......................................................................................................... 5
21.38.040 - Initial Application Review ...........................................................................................................5
21.38.050 - Environmental Assessment .......................................................................................................... 6
Chapter 21.40 - Zoning Clearances ..................................................................................................................9
21.40.010 - Purpose of Chapter .......................................................................................................................9
21.40.020 - Applicability/Clearance Required ................................................................................................9
21.40.030 - Procedure......................................................................................................................................9
21.40.040 - Post Decision Procedures ...........................................................................................................10
Chapter 21.42 - Site and Architectural Review ............................................................................................. 11
21.42.010 - Purpose of Chapter .....................................................................................................................11
21.42.020 - Site and Architectural Review Permit Required ........................................................................ 12
21.42.030 - Application Filing, Processing, and Review.............................................................................. 12
21.42.040 - Considerations in Review of Applications.................................................................................13
21.42.050 - Action by Community Development Director ........................................................................... 14
21.42.060 - Action by Planning Commission................................................................................................ 14
21.42.070 - Conditions and Time Limits ....................................................................................................... 15
21.42.080 - Notification of Decision ............................................................................................................. 15
21.42.090 - Post Decision Procedures ........................................................................................................... 15
Chapter 21.44 - Home Occupation Permits ................................................................................................... 17
21.44.010 - Purpose of Chapter ..................................................................................................................... 17
21.44.020 - Applicability ............................................................................................................................... 17
21.44.030 - Allowed Home Occupations ...................................................................................................... 17
21.44.040 - Application Filing, Processing, and Review.............................................................................. 18
21.44.050 - Action by Community Development Director ...........................................................................18
21.44.060 - Operating Standards ...................................................................................................................19
21.44.070 - Conditions of Approval..............................................................................................................20
21.44.080 - Inspections.................................................................................................................................. 20
21.44.090 - Post Decision Procedures ........................................................................................................... 21
21.44.100 - Enforcement Procedures.............................................................................................................21
Chapter 21.46 - Conditional Use Permits.......................................................................................................23
21.46.010 - Purpose of Chapter .....................................................................................................................23
21.46.020 - Conditional Use Permit Required............................................................................................... 23
21.46.030 - Application Filing, Processing, and Review.............................................................................. 23
21.46.040 - Findings and Decision ................................................................................................................ 24
21.46.050 - Site and Architectural Review .................................................................................................... 25
21.46.060 - Action by Planning Commission................................................................................................ 25
21.46.070 - Special Findings for Liquor Establishments............................................................................... 25
21.46.080 - Notification of Decision ............................................................................................................. 25
21.46.090 - Post Decision Procedures ...........................................................................................................26
Chapter 21.48 - Variances ............................................................................................................................... 27
21.48.010 - Purpose of Chapter .....................................................................................................................27
21.48.020 - Action by the Planning Commission .......................................................................................... 27
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21.48.030 - Application Filing, Processing, and Review.............................................................................. 27
21.48.040 - Findings and Decision ................................................................................................................28
21.48.050 - Conditions and Time Limits.......................................................................................................28
21.48.060 - Notification of Decision .............................................................................................................29
21.48.070 - Post Decision Procedures ...........................................................................................................29
Chapter 21.50 - Reasonable Accommodations ..............................................................................................31
21.50.010 - Purpose of Chapter ..................................................................................................................... 31
21.50.020 - Application Filing, Processing, and Review.............................................................................. 31
21.50.030 - Required Information ..............."................................................................................................31
21.50.040 - Notice of Request for Accommodation...................................................................................... 32
21.50.050 - Grounds for Accommodation.....................................................................................................32
21.50.060 - Notice of Proposed Decision ...................................................................................................... 32
21.50.070 - Notice of Community Development Director's Decision .......................................................... 33
21.50.080 - Appeal to Planning Commission ................................................................................................ 33
Chapter 21.52 - Development Agreements ....................................................................................................35
21.52.010 - Purpose of Chapter ..................................................................................................................... 35
21.52.020 - Application..... .......... ....................... .................. ..................... ......................... ........................... 35
21.52.030 - Content of Development Agreement..........................................................................................36
21.52.040 - Public Hearings ..........................................................................................................................36
21.52.050 - Execution and Recordation ........................................................................................................37
21.52.060 - Environmental Review ...............................................................................................................38
21.52.070 - Periodic Review .........................................................................................................................38
21.52.080 - Amendment or Cancellation of Development Agreement ......................................................... 38
21.52.090 - Effect of Development Agreement.............................................................................................38
21.52.100 - Approved Development Agreements ......................................................................................... 39
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.38 - ApPLICATION FILING, PROCESSING, AND
FEES
Sections:
21.38.010 - Purpose of Chapter
21.38.020 - Authority for Land Use and Zoning Decisions
21.38.030 - Application Filing and Fees
21.38.040 - Initial Application Review
21.38.050 - Environmental Assessment
21.38.060 - Staff Report and Recommendations
21.38.010 - Purpose of Chapter
This Chapter provides procedures and requirements for the preparation, filing, and processing of
applications for land use permits and other entitlements required by this Zoning Code.
21.38.020 - Authority for Land Use and Zoning Decisions
Table 4-1 (Decision-making body) identifies the City official or body responsible for reviewing and
making decisions on each type of application, land use permit, and other entitlements required by this
Zoning Code.
The Community Development Director may refer any request to the Planning Commission for a decision.
Additional fees shall not be charged to the applicant in the event of a Community Development Director's
referral.
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21.38
Application Filing and Processing
TABLE 4-1
DECISION-MAKING BODY
Decision-makin!! body and Role (1)
Community
Type of Permit or Decision Procedures Development Planning City
are found in: Director (2) Commission Council
Land Use Permits and other Develo ment Entitlements
Conditional Use Permits 21.46 Decision Appeal
Development Agreements 21.52 Recommend Decision
Home Occupation Permits 21.44 Issuance Appeal
Reasonable Accommodations 21.50 Decision Appeal
Site and Architectural Review 21.42 Decision (3) Decision Appeal
Permits
Variances 21.48 Decision Appeal
Zoning Clearances 21.40 Issuance Appeal
Zoning Code Administration and Amendments
General Plan Amendments 21.60 Recommend Decision
Interpretations 21.02 Decision Appeal
Zoning Code Amendments 21.60 Recommend Decision
Zoning Map Amendments 21.60 Recommend Decision
Notes:
(1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-making
body; "Decision" means that the decision-making body makes the final decision on the matter; "Appeal" means
that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-
making body, in compliance with Chapter 21.62 (Appeals).
(2) Appeals of Community Development Director's decisions are limited to the Planning Commission, in
compliance with Chapter 21.62 (Appeals).
(3) The Community Development Director's authority with respect to the review and final action on Site and
Architectural Review Permits shall be as identified in Chapter 21.42.
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Application Filing and Processing
21.38
21.38.030 - Application Filing and Fees
Applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Code, and
Zoning Map), and other matters pertaining to this Zoning Code shall be filed with the Community
Development Department as follows:
A. Eligibility for filing. Application may be filed by owners of property, lessees authorized by written
consent of the owners, or others who have contracted to purchase or lease the property contingent on
the acquisition of necessary permits from the City, which application shall be accompanied by a copy
of the contract. Any applicant may be represented by an agent authorized in writing to file on behalf
of the applicant;
B. Application contents. The application shall include the forms provided by the Community
Development Department, and all information and materials required by the Community
Development Department;
C. Filing fees. The application shall be accompanied by the processing fees established by the City's
Schedule of Fees and Charges, and any additional fees or deposits required by this Zoning Code or
the Municipal Code. All fees for new land development, private revitalization, and new occupancy
approvals shall cover the costs of permit application processing, permit issuance, and administration;
D. Refunds.
1. Recognizing that filing fees cover the City's costs for public hearings, mailing, posting,
transcripts, and the staff time required to process applications, no refunds due to a denial are
allowed.
2. In the case of a withdrawal, the Community Development Director may, at the request of the
applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of
the status of the application at the time of withdrawal.
21.38.040 - Initial Application Review
All applications filed with the Community Development Department in compliance with this Zoning
Code shall be initially processed as follows.
A. Review for completeness. The Community Development Director shall review all applications for
completeness and accuracy before being accepted as complete, in compliance with Section 21.38.030
(Application Filing and Fees). The Community Development Director will consider an application
complete when:
1
All necessary application forms, documentation, exhibits, materials, and studies as established by
the Community Development Department, have been provided and accepted as adequate;
2. All necessary fees and deposits have been paid and accepted; and
3. Any required community meetings have been held.
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Application Filing and Processing
B. Notification of applicant. The Community Development Director shall notify the applicant in
writing within 30 days of the filing of the application with the Community Development Department
that either the application is complete and has been accepted for processing, or that the application is
incomplete and that additional information, specified in the letter, shall be provided.
C. Expiration of application. If the applicant does not provide the information and materials necessary
for a pending application to be deemed complete within 180 days after notification of incompleteness,
the application shall be deemed withdrawn. The Community Development Director may grant one
ISO-day extension. After expiration of the application and extension, if granted, a new application,
including fees, plans, exhibits, and other materials will be required to commence processing of any
project on the same property.
D. Additional information. After an application has been accepted as complete, the Community
Development Director may require the applicant to submit additional information needed for the
environmental review of the project in compliance with Section 21.38.050, below.
E. Community Development Director's determination. If the Community Development Director
determines that the application does not support a prima facie right to the granting of the application
(e.g., a request for a Zoning Map amendment or Tentative Map that could not be granted in absence
of a required General Plan amendment application, or a request for a Conditional Use Permit allowing
a use that is not allowable in the subject zoning district, etc.), the City shall not accept the application.
F. Not within Community Development Director's scope. In cases where the Community
Development Director considers the information identified in the application not to be within the
scope of the Community Development Director's review and approval procedure, the applicant shall
be so informed before filing, and if the application is filed, and the fees are accepted, the application
shall be signed by the applicant acknowledging prior receipt of this information.
G. Filing date. The filing date of an application shall be the date on which the Community
Development Department receives the last fees, submittal, map, plan, or other material required as a
part of that application by Subsection A, above.
H. Referral of application. At the discretion of the Community Development Director, or where
otherwise required by this Zoning Code, State, or Federal law, any application may be referred to any
City Department, special district, or other public agency that may be affected by or have an interest in
the proposed land use activity.
21.38.050 - Environmental Assessment
A. CEQA review. After acceptance of a complete application, the project shall be reviewed in
compliance with the California Environmental Quality Act (CEQA) to determine whether:
1. The proposed project is exempt from the requirements of CEQA;
2. The proposed project is not a project as defined by CEQA;
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued; or
5. An Environmental Impact Report (E.I.R.) shall be required.
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Application Filing and Processing
21.38
B. Compliance with CEQA. These determinations and, where required, the preparation of E.I.R.' s,
shall be in compliance with CEQA.
C. Special studies required. A special study, paid for in advance by the applicant, may be required to
supplement the City's CEQA compliance review.
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21.38
Application Filing and Processing
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.40 - ZONING CLEARANCES
Sections:
21.40.010 - Purpose of Chapter
21.40.020 - Applicability/Clearance Required
21.40.030 - Procedure
21.40.040 - Post Decision Procedures
21.40.010 - Purpose of Chapter
A Zoning Clearance is a ministerial permit that is used by the Community Development Director to verify
that a proposed structure or land use activity complies with the list of allowed activities allowed in the
applicable zoning district, the development standards applicable to each type of use, and any conditions of
approval of permits previously issued for the subject site.
Before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or
reconstruction of any structure, or any addition to any structure, a Building Permit shall be obtained from
the Building Division and a Zoning Clearance from the Community Development Department by an
owner or agent. It shall be unlawful to commence any work until all required permits have been obtained.
21.40.020 - Applicability/Clearance Required
A Zoning Clearance shall be required as part of the Community Development Department's review of
any construction permit, change in the type of use, Business License (for a land use on the subject site), or
other authorization required by the Municipal Code for the proposed use.
21.40.030 - Procedure
A. Community Development Director's action.
1. The Community Development Director may issue a Zoning Clearance only after fIrst determining
that the request complies with all applicable standards and provisions for the category of use in
the zoning district of the subject parcel, in compliance with this Zoning Code.
2. The Zoning Clearance may take the form of an authorized signature on the application (e.g.,
Building Permit, Business License, or Zoning Clearance) or on an approved set of plans, or a
rubber stamp affixed to an application or set of plans.
B. Need for on-site inspections.
1. When not required. A site inspection is not required for Zoning Clearances for projects
determined by the Community Development Director to be uncomplicated and for which the
submitted application materials clearly comply with all applicable requirements of this Zoning
Code.
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21.40
Zoning Clearances
2. When required. For projects determined by the Community Development Director to
potentially not comply with all applicable requirements of this Zoning Code, or which are
proposed on sites or in areas of the City with known problems, the Community Development
Director shall perform an on-site inspection before determining that the request complies with all
applicable provisions of this Zoning Code.
21.40.040 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Zoning Clearance
application.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.42 - SITE AND ARCHITECTURAL REVIEW
Sections:
21.42.010 - Purpose of Chapter
21.42.020 - Site and Architectural Review Pennit Required
21.42.030 - Application Filing, Processing, and Review
21.42.040 - Considerations in Review of Applications
21.42.050 - Action by Community Development Director
21.42.060 - Action by Planning Commission
21.42.070 - Conditions and Time Limits
21.42.080 - Notification of Decision
21.42.090 - Post Decision Procedures
21.42.010 - Purpose of Chapter
This Chapter establishes review procedures and standards for proposed development and new land uses
to: ensure compliance with the required standards, design guidelines, and ordinances of the City;
minimize potential adverse effects on surrounding properties and the environment; implement the goals
and policies of the General Plan; and promote the general health, safety, welfare, and economy of the
residents of the City. Therefore, it is the purpose of this Chapter to:
A Enhance the overall appearance of the City by improving the appearance of individual development
projects within the City;
B. Promote open space around structures, for access to and around structures, and the establishment and
maintenance of landscaping for aesthetic and screening purposes;
C. Promote areas of improved open space to protect access to natural light, ventilation, and direct
sunlight, to ensure the compatibility of land uses, to provide space for privacy, landscaping, and
recreation;
D. Ensure that new or modified use and development will complement the existing or potential
development of surrounding neighborhoods, and to produce an environment of stable and desirable
character;
E. Ensure that all new development builds on the City's character and does not have an adverse aesthetic
impact upon existing adjoining properties, the environment, or the City in general;
F. Recognize the interdependence of land values and aesthetics and provide a method by which the City
may implement this interdependence to the benefit of its constituents;
G. Promote the use of sound design principles that result in creative, imaginative solutions and establish
structures of quality design throughout the City and which avoid monotony and mediocrity of
development;
H. Further communication between building interiors and their surroundings, and contribute meaning
and visual interest to the pedestrian environment;
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21.42
Site and Architectural Review
I.
Recognize that the greater the project (e.g., impact, location, size, etc.), the more important the need
to look at projects in greater detail; and
J. Promote maintenance ofthe public health, safety, general welfare, and property throughout the City.
21.42.020 - Site and Architectural Review Permit Required
No use or structure shall be constructed, created, enlarged, erected, installed, maintained, or placed on any
site in any zoning district until a Site and Architectural Review Permit is approved. All uses, structures,
developments, issued a Site and Architectural Review Permit shall at all times comply with the approved
plans, conditions, and time limits of approval.
21.42.030 - Application Filing, Processing, and Review
A. Filing. An application for a Site and Architectural Review Permit shall be filed with the Community
Development Department in compliance with 21.38 (Application Filing, Processing, and Fees.)
B. Application contents.
1. Detailed and fully dimensioned information. The application shall be accompanied by detailed
and fully dimensioned site development plan, floor plans, elevations, and/or any other
data/materials identified in the Community Development Department handout for Site and
Architectural Review Permit applications.
2. Site development plan required. A site development plan shall be required to accompany the
application. If development is to be carried out in phases or stages, each phase shall be shown on
a master site plan of development.
3. Information required on site development plan. The site development plan shall indicate the
site location and planning of all open spaces and structures to show that the development will be
compatible with the General Plan and will aid in the harmonious development of the immediate
area. The plan shall include proposed and/or existing structures with elevations which clearly
show appearance and materials of exterior walls, landscaping, walls or fences used for screening
or separation, design of ingress and egress and off-street parking, and loading facilities.
4. Other information. The Planning Commission may also require other information, as it
considers necessary in order to properly evaluate the proposal.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.42.060.B. (Required findings).
D. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
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E. Notice and hearings.
1. A public hearing shall be required for the Planning Commission's decision on a Site and
Architectural Review Permit application.
2. A public hearing shall be scheduled once the Community Development Director has determined
the application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance
with Chapter 21.64 (Public Hearings).
4. A public hearing shall not be required for the Community Development Director's decision on a
Site and Architectural Review Permit application.
21.42.040 - Considerations in Review of Applications
The Community Development Director, the Site and Architectural Review Committee, and the Planning
Commission shall consider the following matters, and others when applicable, in their review of Site and
Architectural Review Permit applications:
A. Considerations relating to traffic safety, traffic congestion, and site circulation:
1. The traffic generated from the development should not have adverse affects on traffic conditions
on abutting streets;
2. The layout of the site should provide adequate vehicular and pedestrian entrances, exit driveways,
and walkways; and
3. The arrangement of off-street parking facilities should prevent traffic congestion and adequately
meet the demands of the users.
B. Considerations relating to landscaping:
1. The location, height, and material of walls, fences, hedges and screen plantings should ensure
harmony with adjacent development and/or conceal storage areas, utility installations, or other
potentially unsightly elements of the project;
2. The project should maximize open space around structures, for access to and around structures,
and the establishment and maintenance of landscaping for aesthetic and screening purposes;
3. The project should maximize areas of improved open space to protect access to natural light,
ventilation, and direct sunlight, to ensure the compatibility of land uses, to provide space for
privacy, landscaping, and recreation; and
4. The project should minimize the unnecessary destruction of existing healthy trees.
C. Considerations relating to structures and site layout:
1. The project should enhance the overall appearance of the City by improving the appearance of
individual development projects within the City;
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2. The project should complement the surrounding neighborhoods and produce an environment of
stable and desirable character;
3. The project should enhance the City's character and should not have an adverse aesthetic impact
upon existing adjoining properties, the environment, or the City in general;
4. The project should promote the use of sound design principles that result in creative, imaginative
solutions and establish structures of quality design throughout the City and which avoid
monotony and mediocrity of development;
5. The project should promote maintenance of the public health, safety, general welfare, and
property throughout the City; and
6. The project should be consistent with the City's General Plan and all applicable design guidelines
and special plans.
21.42.050 - Action by Community Development Director
A. Applications decided by the Community Development Director. The Community Development
Director may review and decide applications for a Site and Architectural Review Permit for:
1. Single- and two-family dwellings, and their accessory structures; and
2. Minor additions or alterations to existing structures and minor changes in plans that have
previously been approved by the Planning Commission. These minor changes shall be limited to
modification in the plot plan and elevations that will not substantially change the overall
appearance, character, and scale of the proposed development.
B. Referral to Site and Architectural Review Committee. If the Community Development Director
finds that the proposed development will have a substantial effect on the surrounding area or is of
sufficient size to warrant the consideration of the Planning Commission, the Community
Development Director shall refer the application first to the Site and Architectural Review Committee
for processing in the same manner as all other applications for Site and Architectural Review Permit
approval.
C. Reasonable Accommodations. The Community Development Director may review and decide
applications for Reasonable Accommodations in compliance with Chapter 21.50.
21.42.060 - Action by Planning Commission
A. Time and place agreeable to the applicant. Before the public hearing the Community
Development Director shall arrange with the applicant a time and place of meeting between the
applicant and the Site and Architectural Review Committee.
B. Required findings. The Planning Commission shall not approve the application unless the following
findings have been made:
1. The project will be consistent with the General Plan;
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2. The project will aid in the harmonious development of the immediate area; and
3. The project is consistent with applicable adopted design guidelines.
21.42.070 - Conditions and Time Limits
The Community Development Director or the Planning Commission, as applicable, may take the
following actions in approving a Site and Architectural Review Permit:
A. May impose conditions. The decision-making body may impose conditions, as it deems reasonable
and necessary under the circumstances, to carry out the intent of this Chapter and the General Plan.
B. May impose time limits. The decision-making body may impose time limits within which the
conditions shall be fulfilled and the proposed development started or completed.
C. Valid in 10 days. The Site and Architectural Review Permit shall become valid 10 days following
the date of approval unless appealed, in compliance with Chapter 21.62 (Appeals).
21.42.080 - Notification of Decision
A. Written notification to applicant. The Secretary of the Planning Commission shall give written
notification of the decision of the Community Development Director or the Planning Commission to
the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the Community Development Director or the Planning
Commission.
21.42.090 - Post Decision Procedures
The procedures relating to appeals, changes, expiration. performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Site and
Architectural Review application.
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CHAPTER 21.44 - HOME OCCUPATION PERMITS
Sections:
21.44.010 - Purpose of Chapter
21.44.020 - Applicability
21.44.030 - Allowed Home Occupations
21.44.040 - Application Filing, Processing, and Review
21.44.050 - Action by Community Development Director
21.44.060 - Operating Standards
21.44.070 - Conditions of Approval
21.44.080 - Inspections
21.44.090 - Post Decision Procedures
21.44.100 - Enforcement Procedures
21.44.010 - Purpose of Chapter
The purpose of this Chapter is to allow for the conduct of home occupations which are deemed incidental
to and compatible with surrounding residential uses. A home occupation represents a legal commercial
enterprise conducted by an occupant(s) of the dwelling.
21.44.020 - Applicability
The Home Occupation Permit is intended to allow for low-intensity commercial enterprises:
A. Incidental and secondary. That are conducted within a dwelling (exclusive of an attached or
detached garage) located in a residential zoning district, and are clearly incidental and secondary to
the use of the dwelling for residential purposes; and
B. Compatible. That are compatible with the surrounding residential uses.
21.44.030 - Allowed Home Occupations
A. Where allowed. Home occupations are allowed in all residential zoning districts.
B. Allowed home occupations. Certain commercial enterprises are deemed appropriate when
conducted by the resident(s) of a dwelling in a manner accessory to and compatible with the
residential characteristics of the surrounding neighborhood. The following list presents example
commercial uses that are incidental to and compatible with residential activities:
1. Consulting services. Consulting services whose function is one of rendering a service and does
not involve the dispensation of goods or products;
2. Design services.
equipment;
Drafting, designing, and similar serVIces, using only normal drafting
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3. Salespersons. The home office of a salesperson when all sales are made by written order with no
commodities or displays on the premises;
4. Secondary business offices. Secondary business offices where the business has its principal
office, staff, and equipment located elsewhere; and
C. Incompatible home occupations. The following list presents example commercial uses that are not
incidental to or compatible with residential activities and are suitable only in nonresidential zoning
districts:
1. Barber and beauty shops;
2. Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or
other animals on the premises;
3. Building trades contractor;
4. Music Instruction;
5. Seamstress;
6. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing,
etc.), towing services, and painting. (This does not prohibit "mobile" minor repair or detailing at
the customer's location);
21.44.040 - Application Filing, Processing, and Review
A. Filing. An application for a Home Occupation Permit shall be filed with the Community
Development Department in compliance with 21.38 (Application Filing, Processing, and Fees.)
B. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the operating standards required by Section 21.44.060 (Operating Standards), below.
C. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
D. No public hearing required. A public hearing shall not be required for the Community
Development Director's decision on a Home Occupation Permit application.
21.44.050 - Action by Community Development Director
A. Approval by Director. The Community Development Director, in concurrence with the Building
Official, may approve a Home Occupation Permit that would be operated in compliance with this
Chapter.
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B. Referral by Director. If in the opinion of the Community Development Director, the use or
development is of a size, design, or its nature could substantially affect surrounding residential
properties, the Community Development Director may defer action and refer the application to the
Planning Commission for review and decision.
C. Compliance with standards. The Community Development Director (or Planning Commission
upon referral) shall use the standards identified in Section 21.44.080 (Operating Standards) in
reviewing a Home Occupation Permit application.
21.44.060 - Operating Standards
This Section provides locational and operational standards for the conduct of home enterprises that are
incidental to and compatible with surrounding residential uses. Home occupations shall comply with all
of the following standards:
A. No outside employees. No person shall be employed nor shall any assistant or associate be used who
is not a member of the resident family and who is not residing on the premises.
B. No storage or mechanical equipment. There shall be no use or storage of materials or mechanical
equipment not recognized as being part of a normal household or hobby use, as determined by the
Community Development Director.
C. Location of home occupation.
1. The home occupation business shall be carried on entirely within a dwelling and not in the yard
surrounding the dwelling, an attached or detached garage or detached accessory structure.
2. No more than one room in the dwelling shall be used for the home occupation(s).
D. No display, sales, or storage. There shall be no retail or wholesale displays, sales, or storage of
merchandise on the premises.
E. Use of commercial vehicles. The home occupation shall not involve the use of commercial vehicles
for delivery of materials to or from the premises in a manner different from normal residential usage,
except for FedEx, UPS, or USPS-type home deliveries/pick-ups.
F. No utilities or community facilities. The use shall not cause the increased use of utilities or
community facilities beyond that normal to the use of the property for residential purposes.
G. Not alter appearance of dwelling. There shall be no structural alterations for the purpose of
conducting the home occupation, nor shall any decorative change be made on the premises (either by
color, lighting, materials, or signs) that could be reasonably recognized as serving a nonresidential
purpose.
H. No hazards or nuisances.
1. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor,
smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or
nuisance.
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2. Generation of pedestrian or vehicular traffic or parking demand in excess of that customarily
associated with the residential zoning district in which it is located shall not be allowed.
3. Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public
rights-of-way shall not be allowed.
I. Limited to one vehicle. Not more than one vehicle shall be used primarily in conjunction with the
home occupation and the unladen weight of the vehicle shall not exceed 5,000 pounds or 22 feet in
overall length.
J. Permit nontransferable. A Home Occupation Permit shall not be transferable.
K. Pre-existing home occupations. Home occupations existing at the time this Section becomes
effective may be continued for a maximum period of 24 months. Thereafter all home occupations
shall be conducted in compliance with this Chapter.
L. Appropriate time limits. In approving a Home Occupation Permit, the Community Development
Director may establish time limits deemed appropriate for the subject use.
M. No clients on premises. No clients or patrons of the business or business operator shall come to the
residence containing the home occupation for the purpose of the conduction of business.
N. Business License required. A home occupation shall not be initiated until a current Business
License is obtained in compliance with Municipal Code Section 5.01.050 (Application - Business
Licenses).
o. No advertising. There shall be no form of advertising that identifies the home occupation by street
address.
P. Special conditions. Any special condition(s) established by the Community Development Director
shall be made part of the record of the Home Occupation Permit, as deemed necessary to carry out the
purpose of this Chapter.
21.44.070 - Conditions of Approval
In approving a Home Occupation Permit application, the Community Development Director (or the
Planning Commission on a referral) may impose conditions deemed reasonable and necessary to ensure
that the approval would be in compliance with the purpose of this Chapter.
21.44.080 - Inspections
The Community Development Director shall have the right at any time, upon request, to enter and inspect
the premises subject to a Home Occupation Permit in order to verify compliance with the locational and
operational standards identified in Section 21.44.080 (Operating Standards), above.
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21.44.090 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Home Occupation
Permit application.
21.44.100 - Enforcement Procedures
Whenever the home occupation exceeds any limitations as agreed to by the applicant to the extent that it
generates a complaint, an investigation may be conducted to determine if a violation actually exists in
compliance with Chapter 21.70 (Enforcement).
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CHAPTER 21.46 - CONDITIONAL USE PERMITS
Sections:
21.46.010 - Purpose of Chapter
21.46.020 - Conditional Use Permit Required
21.46.030 - Application Filing, Processing, and Review
21.46.040 - Findings and Decision
21.46.050 - Site and Architectural Review
21.46.060 - Action by Planning Commission
21.46.070 - Special Findings for Liquor Establishments
21.46.080 - Notification of Decision
21.46.090 - Post Decision Procedures
21.46.010 - Purpose of Chapter
A. Special impact or uniqueness. Conditional uses are those that have a special impact or uniqueness
so that their effect on the surrounding environment cannot be determined in advance of the use being
proposed for a particular location.
B. Protect the integrity and character of the City. This Chapter provides a process for reviewing
Conditional Use Permit applications to allow for specified activities and uses as identified in the
various zoning districts as requiring a Conditional Use Permit. These provisions are intended to
protect the integrity and character of the residential, commercial, industrial, and mixed use areas of
the City, consistent with the objectives, policies, general land uses, and implementation programs of
the General Plan. This Chapter also ensures adequate review and input for development projects that
potentially impact the community, and adequate review to ensure that development in each zoning
district protects the integrity of that district.
C. Weighing the public need and benefit. A project requiring Conditional Use Permit approval is
reviewed as to its location, design configuration, and potential impacts by comparing the project to
established standards. The purpose of the review is to determine whether the permit should be
approved by weighing the public need for, and the benefit to be derived from, the project, against any
impacts it may cause.
21.46.020 - Conditional Use Permit Required
No use shall be established in any existing structure, nor shall any structure be constructed, created,
enlarged, erected, installed, or placed on any site for which a Conditional Use Permit is required, in
compliance with Article 2 (Zoning Districts), until the Conditional Use Permit has been granted.
21.46.030 - Application Filing, Processing, and Review
A. Filing. An application for a Conditional Use Permit shall be filed with the Community Development
Department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)
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B. Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or
any other data/materials identified in the Community Development Department handout for
Conditional Use Permit applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.46.040 (Findings and Decision), below.
D. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
E. Notice and hearings.
1. A public hearing shall be required for the Planning Commission's decision on a Conditional Use
Permit application.
2. A public hearing shall be scheduled once the Community Development Director has deemed the
application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance
with Chapter 21.64 (Public Hearings).
21.46.040 - Findings and Decision
A Conditional Use Permit may be approved, with or without conditions, only if the Planning Commission
(or the City Council, upon appeal) fIrSt finds that:
A The proposed use is allowed within the applicable zoning district with Conditional Use Permit
approval, and complies with all other applicable provisions of this Zoning Code and the Municipal
Code;
B. The proposed use is consistent with the General Plan;
C. The proposed site is adequate in terms of size and shape to accommodate the fences and walls,
landscaping, parking and loading facilities, yards, and other development features required in order to
integrate the use with uses in the surrounding area;
D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity
of traffic the use would be expected to generate;
E. The design, location, size, and operating characteristics of the proposed use are compatible with the
existing and future land uses on-site and in the vicinity of the subject property; and
F. The establishment, maintenance, or operation of the proposed use at the location proposed will not be
detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use, or be detrimental or injurious to property and
improvements in the neighborhood or to the general welfare of the City.
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21.46.
21.46.050 - Site and Architectural Review
Applications for Conditional Use Permits that include development plans shall not require a separate Site
and Architectural Review Permit application but are subject to Site and Architectural Review in
compliance with Chapter 21.42, which is herein incorporated by reference.
21.46.060 - Action by Planning Commission
In approving a Conditional Use Permit application, the Planning Commission (or City Council, upon
appeal) may impose reasonable and necessary specific design, locational, and operational conditions
relating to both on- and off-site improvements, which are intended to ensure that:
A. Compliance with findings. The project will comply with all of the findings listed in Section
21.46.040, above;
B. On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street
lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the
applicable zoning district; and
C. Time limits. Any time limits on the duration of the use are provided as determined to be necessary
by the Planning Commission.
21.46.070 - Special Findings for Liquor Establishments
Whenever a Conditional Use Permit is required for a liquor establishment by this Zoning Code, the
Planning Commission shall first find all the following conditions in addition those findings identified in
Section 21.46.040, are satisfied in order to approve the Conditional Use Permit application:
A. Over concentration of uses. The establishment will not result in an over concentration of these uses
in the surrounding area;
B. Not create a nuisance. The establishment will not create a nuisance due to litter, noise, traffic,
vandalism, or other factors;
C. Not disturb the neighborhood. The establishment will not significantly disturb the peace and
enjoyment of the nearby residential neighborhood; and
D. Not increase demand on services. The establishment will not significantly increase the demand on
City services.
21.46.080 - Notification of Decision
A. Written notification to applicant. The Secretary of the Planning Commission shall give written
notification of the decision of the Planning Commission to the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the Planning Commission.
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21.46.090 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Conditional Use
Permit application.
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CHAPTER 21.48 - VARIANCES
Sections:
21.48.010 - Purpose of Chapter
21.48.020 - Action by the Planning Commission
21.48.030 - Application Filing, Processing, and Review
21.48.040 - Findings and Decision
21.48.050 - Conditions and Time Limits
21.48.060 - Notification of Decision
21.48.070 - Post Decision Procedures
21.48.010 - Purpose of Chapter
The Planning Commission is empowered to grant Variances in order to prevent or to lessen practical
difficulties and unnecessary physical hardships inconsistent with the objectives of the Zoning Code as
would result from a strict or literal interpretation and enforcement of certain regulations prescribed by the
Zoning Code. This Chapter may not be applied to allow a use that is not in conformity with the uses
specified by this Zoning Code for the zoning district in which the land is located.
21.48.020 - Action by the Planning Commission
The Planning Commission may grant a Variance to any development standard of this Zoning Code;
except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district
by Article 2 (Zoning Districts).
21.48.030 - Application Filing, Processing, and Review
A. Filing. An application for a Variance shall be filed with the Community Development Department in
compliance with 21.38 (Application Filing, Processing, and Fees.)
B. Contents. The application shall be accompanied by detailed and fully dimensioned site plans, and/or
any other data/materials identified in the Community Development Department handout for Variance
applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.48.040 (Findings and Decision), below.
D. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
E. Notice and hearings.
1. A public hearing shall be required for the Planning Commission's decision on a Variance
application.
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2. A public hearing shall be scheduled once the Community Development Director has deemed the
application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance
with Chapter 21.64 (Public Hearings).
21.48.040 - Findings and Decision
A. Planning Commission action on a Variance. The Planning Commission may approve a Variance
application, with or without conditions, only after first making all five of the findings identified in
Subsection B. (Variance findings) below.
B. Variance findings.
1. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a
practical difficulty or unnecessary physical hardship inconsistent with the objectives of this
Zoning Code;
2. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive
the applicant of privileges enjoyed by the owners of other properties classified in the same zoning
district;
3. There are exceptional or extraordinary circumstances or conditions applicable to the subject
property (i.e. size, shape, topography) which do not apply generally to other properties classified
in the same zoning district;
4. The granting of the Variance will not constitute a grant of special privilege inconsistent with the
limitations on other properties classified in the same zoning district; and
5. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
C. Planning Commission shall deny. Following the public hearing, the Planning Commission (or the
City Council, upon appeal) shall deny the application where information submitted by the applicant
and/or presented at the public hearing fails to satisfactorily support the findings identified in
Subsection B., above.
21.48.050 - Conditions and Time Limits
In approving a Variance application, the Planning Commission (or City Council, upon appeal) may
impose reasonable and necessary specific design and locational conditions relating to both on- and off-site
improvements, which are intended to ensure that:
A. Compliance with findings. The project will comply with all of the findings listed in Section
21.48.040, above;
B. On- or off-site improvements. On- or off-site improvements (e.g., fire hydrants, streets, street
lighting, traffic control devices, etc.) are provided to carry out the purpose and requirements of the
applicable zoning district; and
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C. Time limits.
Commission.
Any time limits are provided as determined to be necessary by the Planning
21.48.060 - Notification of Decision
A. Written notification to applicant. The Secretary of the Planning Commission shall give written
notification of the decision of the Planning Commission to the applicant.
B. Shall include conditions and time limits. In the case of approval, the notification shall include all
conditions and time limits imposed by the Planning Commission.
21.48.070 - Post Decision Procedures
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are
identified in Article 5 (Zoning Code Administration) and those identified in Chapter 21.56 (Permit
Implementation, Time Limits, and Extensions) shall apply following the decision on a Variance
application.
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CHAPTER 21.50 - REASONABLE ACCOMMODATIONS
Sections:
21.50.010 - Purpose of Chapter
21.50.020 - Application Filing, Processing, and Review
21.50.030 - Required Information
21.50.040 - Notice of Request for Accommodation
21.50.050 - Grounds for Accommodation
21.50.060 - Notice of Proposed Decision
21.50.070 - Notice of Community Development Director's Hearing Decision
21.50.080 - Appeal to Planning Commission
21.50.010 - Purpose of Chapter
It is the policy of the City to provide reasonable accommodation for persons with disabilities seeking fair
access to housing in the application of its zoning laws. The purpose of this Chapter is to provide a
process for making a request for reasonable accommodation.
21.50.020 - Application Filing, Processing, and Review
A. Form to be provided by the Community Development Director. Any person who requires
reasonable accommodation, because of a disability, in the application of a zoning law which may be
acting as a barrier to fair housing opportunities may do so on a form to be provided by the
Community Development Director.
B. Filed with application for other permit or approval. If the project for which the request is being
made also requires some other land use permit or approval, then the applicant shall file the request
together with the application for the permit or approval.
21.50.030 - Required Information
The applicant shall provide the following information:
A. Name. Applicant's name, address, and telephone number;
B. Address. Address of the property for which the request is being made;
C. Use of property. The current actual use of the property;
D. Relevant provision or regulation. The Zoning Code provision, regulation, or policy from which
accommodation is being requested; and
E. Basis for claim. The basis for the claim that the individual is considered disable under the Pair
Housing Act and why the accommodation is necessary to make the specific housing available to the
individual.
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21.50.040 - Notice of Request for Accommodation
Written notice that a request for reasonable accommodation shall be given as follows:
A. Mailed to all immediately adjacent property owners. In the event that there is no approval sought
other than the request for reasonable accommodation, the notice shall be mailed to the owners of
record of all properties which are immediately adjacent to the property which is the subject of the
request.
B. Mailed in compliance with Chapter 21.64 (Public Hearings). In the event that the request is being
made in conjunction with some other process, the notice shall be mailed along with the notice of the
other proceeding, in compliance with Chapter 21.64 (Public Hearings).
21.50.050 - Grounds for Accommodation
In making a determination regarding about the reasonableness of a requested accommodation, the
following factors shall be considered:
A. Special needs. Special need created by the disability;
B. Potential benefit. Potential benefit that can be accomplished by the requested modification;
C. Potential impacts. Potential impact on surrounding uses;
D. Physical attributes. Physical attributes of the property and structures;
E. Alternative accommodations. Alternative accommodations which may provide an equivalent level
of benefit;
F. A single housekeeping unit. In the case of a determination involving a single-family dwelling,
whether the household would be considered a single housekeeping unit if it were not using special
services that are required because of the disabilities of the residents;
G. Imposition of financial or administrative burden. Whether the requested accommodation would
impose an undue financial or administrative burden on the City; and
21.50.060 - Notice of Proposed Decision
A. Notice of decision. Notice of the proposed decision shall be made in the same manner as provided in
Section 21.50.040 (Notice of Request for Accommodation), above. Such notice shall inform property
owners that within 10 days of the date the notice is mailed, any person may make a written request for
a Community Development Director's hearing.
B. Decision shall become final. If no request for hearing is received, the proposed decision shall
become a final Community Development Director's decision.
C. Community Development Director's Hearing. If someone requests a hearing, the Community
Development Director shall conduct a hearing on the request for reasonable accommodation at which
all reasonable evidence and credible testimony shall be considered.
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21.50.070 - Notice of Community Development Director's Decision
A. Decision notice. The Community Development Director shall issue a notice of decision either
granting the request, including any reasonable conditions, or disapproving the request after the
required noticing period has ended or a Community Development Director's Hearing has been held.
B. Notice shall contain findings. The notice of decision shall contain the Community Development
Director's factual findings, conclusions, and reasons for the decision.
C. Mailing of notice. The notice of decision shall be mailed in the same manner as identified in Section
21.50.040 (Notice of Request for Accommodation), above.
21.50.080 - Appeal to Planning Commission
A. May appeal within 10 days. Within 10 days after the notice of Community Development Director's
decision, any person may appeal in writing to the Planning Commission in compliance with Chapter
21.62 (Appeals).
B. Grounds for appeal. All appeals shall contain a statement of the grounds for the appeal in
compliance with Chapter 21.62 (Appeals).
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CHAPTER 21.52 - DEVELOPMENT AGREEMENTS
Sections:
21.52.010 - Purpose of Chapter
21.52.020 - Application
21.52.030 - Content of Development Agreement
21.52.040 - Public Hearings
21.52.050 - Execution and Recordation
21.52.060 - Environmental Review
21.52.070 - Periodic Review
21.52.080 - Amendment or Cancellation of Development Agreement
21.52.090 - Effect of Development Agreement
21.52.100 - Approved Development Agreements
21.52.010 - Purpose of Chapter
This Chapter establishes procedures and requirements for the review and approval of development
agreements consistent with the provisions of State law.
21.52.020 - Application
A. Owner's request. An owner of real property may request and apply through the Community
Development Department to enter into a development agreement; provided, that:
1. The status of the applicant as property owner or bona fide representative of the owner is
established to the satisfaction of the Community Development Director; and
2. The application is accompanied by all documents, information, and materials required by the
Community Development Department.
B. Community Development Director's review. The Community Development Director shall receive,
review, process, and prepare recommendations for Planning Commission and City Council
consideration on all applications for development agreements.
C. Concurrent processing and public hearings. All development related applications shall be
processed and scheduled for public hearing concurrently with the application for a development
agreement. The City Council shall be the decision-making body for the development agreement and
all associated applications.
D. Fees. The application for approval of a development agreement shall include the processing fee
established by the City's Schedule of Fees and Charges. Additionally, appropriate fees shall be
established and collected for periodic reviews conducted by the Community Development Director in
compliance with Section 21.52.070.A, below.
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21.52.030 - Content of Development Agreement
A. Mandatory contents. A development agreement entered into in compliance with this Chapter shall
contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by
State law (Government Code Section 65865.2 [Agreement contents]).
B. Permissive contents. A development agreement entered into in compliance with this Chapter may
contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by
State law (Government Code Section 65865.2 [Agreement contents]), and any other terms determined
to be appropriate and necessary by the City Council, including provisions for the payment to the City
of monetary consideration.
21.52.040 - Public Hearings
A. Notice and hearings required.
1. Public hearings shall be required for the Planning Commission's recommendation and the City
Council's decision on a development agreement application.
2. The public hearing shall be scheduled once the Community Development Director has
determined the application complete.
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance
with Chapter 21.64 (Public Hearings).
4. The notice shall be given in the form of a notice of intention to consider approval of a
development agreement in compliance with State law (Government Code Section 65867).
B. Planning Commission hearing. Following conclusion of a public hearing, the Planning
Commission shall adopt a resolution and make a written recommendation to the City Council that it
approve, conditionally approve, or deny the application with appropriate findings in compliance with
Subsection E. (Required findings), below.
C. City Council hearing.
1. Upon receipt of the Planning Commission's recommendation, the City Clerk shall set a date for a
public hearing before the City Council in compliance with Chapter 21.64 (Public Hearings).
Following conclusion of the public hearing, the City Council shall approve, conditionally
approve, or deny the application with appropriate findings in compliance with paragraph E.,
(Required findings), below.
2. If the City Council proposes to adopt a substantial modification to the development agreement not
previously considered by the Planning Commission during its hearings, the proposed
modification shall be first referred back to the Planning Commission for its recommendation, in
compliance with State law (Government Code Section 65857).
3. Failure of the Planning Commission to report back to the City Council within 40 days after the
referral, or within a longer time set by the City Council, shall be deemed a recommendation for
approval of the proposed modification.
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D. Adopting ordinance. Should the City Council approve or conditionally approve the application, it
shall, as a part of the action of approval, direct the preparation of a development agreement
embodying the conditions and terms of the application as approved or conditionally approved by it, as
well as an ordinance authorizing execution of the development agreement by the City Council, in
compliance with State law (Government Code Section 65867.5).
E. Required findings. The ordinance shall contain the following findings and the facts supporting
them. It is the responsibility of the applicant to establish the evidence in support of the required
findings. The development agreement:
1. Is in the best interests of the City, promoting the public interest and welfare;
2. Is consistent with all applicable provisions of the General Plan and this Zoning Code;
3. Does not:
a. Adversely affect the comfort, health, peace, or welfare, or valuation of property, of persons
residing or working in the vicinity of the proposed development; or
b. Endanger, jeopardize, or otherwise constitute a menace to the public convenience, health,
interest, safety, or general welfare.
4. Is in compliance with the conditions, requirements, restrictions, and terms of Sections
21.52.030.A (Mandatory contents) and 21.52.030.B (Permissive contents), above.
F. Referendum. The ordinance is subject to referendum in compliance with State law (Government
Code Section 65867.5).
21.52.050 - Execution and Recordation
A. Effective date. The City shall not execute any development agreement until on or after the date on
which the ordinance approving the agreement becomes effective, and until it has been executed by the
applicant.
B. Agreement deemed withdrawn. If the applicant has not executed the development agreement and
returned the executed agreement to the City Clerk within 30 days of the effective date of the
entitlement, the development agreement application shall be deemed withdrawn. If this occurs, the
Mayor shall not execute the agreement. The City Council may extend the 30-day period if a written
request is filed before the expiration.
C. Other permits or entitlements. The provisions of this Chapter shall not be construed to prohibit the
Community Development Director, Planning Commission, or City Council from conditioning
approval of a discretionary permit or entitlement on the execution of a development agreement where
the condition is otherwise authorized by law.
D. Recordation. A development agreement shall be recorded with the County Recorder no later than 10
days after it is executed, in compliance with State law (Government Code Section 65868.5).
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21.52.060 - Environmental Review
The approval or conditional approval of a development agreement in compliance with this Chapter shall
be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).
21.52.070 - Periodic Review
A. Periodic review. Every development agreement approved and executed in compliance with this
Chapter shall be subject to periodic review by the Community Development Director during the full
term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews
shall be collected from the contracting party in compliance with Section 21.52.020.D (Fees), above.
B. Purpose of periodic review. The purpose of the periodic review shall be to determine whether the
contracting party or the successor-in-interest has complied in good faith with the terms and conditions
of the development agreement. The burden of proof shall be on the applicant or contracting party or
the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the
City.
C. Result of periodic review. If, as a result of a periodic review in compliance with this Section, the
Community Development Director finds and determines, on the basis of substantial evidence, that the
contracting party or the successor-in-interest has not complied in good faith with the terms or
conditions of the development agreement, the Community Development Director shall notify the
Planning Commission which may recommend to the City Council that the development agreement be
terminated or modified.
D. Pubic hearing and notice required. The procedures for the termination or modification hearing
shall comply with Section 21.52.040 (Public Hearings), above.
21.52.080 - Amendment or Cancellation of Development Agreement
A. Compliance required. A development agreement may be amended or canceled, in whole or in part,
by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with
State law (Government Code Section 65868), or as identified in the agreement.
B. Processed in same manner. The requested amendment or cancellation shall be processed in the
same manner specified by this Chapter for the adoption of a development agreement.
21.52.090 - Effect of Development Agreement
A. Rules in force at the time of execution. Unless otherwise provided by the development agreement,
the policies, regulations, and rules governing allowed uses of the land, density, design, improvement,
and construction standards and specifications, applicable to development of the property subject to a
development agreement, are the policies, regulations, and rules in force at the time of execution of the
development agreement.
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B. Application of new rules. In compliance with State law (Government Code Section 65866), a
development agreement shall not prevent the City, in subsequent actions applicable to the property,
from applying new policies, regulations, and rules which do not conflict with those policies,
regulations, and rules applicable to the property, nor shall a development agreement prevent the City
from conditionally approving or denying any subsequent development project application on the basis
of existing or new policies, regulations, and rules.
21.52.100 - Approved Development Agreements
Development agreements approved by the City Council shall be on file with the City Clerk.
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AR TI CLE 5
ZONING CODE ADMINISTRATION
Chapter 21.54 - Administrative Responsibility ............................................................................................... 5
21.54.010 - Purpose of Chapter .......................................................................................................................5
21.54.020 - Planning Agency Defined ............................................................................................................5
21.54.030 - Planning Commission ..................................................................................................................5
21.54.040 - Historic Preservation Board ...............................................................................""""""""""""" 5
21.54.050 - Site and Architectural Review Committee ................................................................................... 7
21.54.060 - Community Development Director .............................................................................................. 7
Chapter 21.56 - Permit Implementation, Time Limits, and Extensions........................................................ 9
21.56.010 - Purpose of Chapter .......................................................................................................................9
21.56.020 - Effective Date of Permits ............................................................................................................. 9
21.56.030 - Permit Time Limits and Extensions ........................................................................................... 10
21.56.040 - Performance Guarantees.............................................................................................................11
21.56.050 - Issuance of Building Permits......................................................................................................11
21.56.060 - Amendments to an Approved Project......................................................................................... 12
21.56.070 - Permits to Run With the Land .................................................................................................... 12
21.56.080 - Resubmittals ............................................................................................................................... 13
Chapter 21.58 - Nonconforming Uses and Structures ..................................................................................15
21.58.010 - Purpose of Chapter .....................................................................................................................15
21.58.020 - Applicability ......................................................................... ...................................................... 15
21.58.030 - Definitions.................................................................................................................................. 16
21.58.040 - Restrictions on Nonconforming Uses......................................................................................... 16
21.58.050 - Restrictions on Nonconforming Structures ................................................................................ 17
Chapter 21.60 - Amendments (General Plan, Zoning Code, and Zoning Map Amendments) .................21
21.60.010 - Purpose of Chapter .....................................................................................................................21
21.60.020 - Initiation of Amendment ............................................................................................................ 21
21.60.030 - Application Filing, Processing, and Review.............................................................................. 22
21.60.040 - Notice and Hearings ...................................................................................................................22
21.60.050 - Planning Commission Action on Amendments ......................................................................... 22
21.60.060 - City Council Action on Amendments ........................................................................................22
21.60.070 - Findings and Decision ................................................................................................................ 23
21.60.080 - Notification of Decision ............................................................................................................. 23
21.60.090 - Interim Ordinance ......................................................................................................................24
21.60.100 - Prezoning....................................................................................................................................24
Chapter 21.62 - Appeals ..................................................................................................................................25
21.62.010 - Purpose of Chapter .....................................................................................................................25
21.62.020 - Appeals From Administrative ..Decisions.................................................................................. 25
21.62.030 - Appeals From Decisions of the Planning Commission .............................................................. 26
21.62.040 - Filing and Processing of Appeals ............................................................................................... 26
21.62.050 - Action on Appeals ......................................................................................................................27
Chapter 21.64 - Public Hearings ..................................................................................................................... 29
21.64.010 - Purpose of Chapter .....................................................................................................................29
21.64.020 - Notice of Hearing .......................................................................................................................29
21.64.030 - Failure to Mail or Receive Notice .............................................................................................. 31
21.64.040 - Hearing Procedure......................................................................................................................31
21.64.050 - Record of Decision................................................................ .....................................................31
21.64.060 - Finality of Decision .................................................................................................................... 32
21.64.070 - Recommendation by Planning Commission ..............................................................................32
21.64.080 - Record of City Council Decision ............................................................................................... 32
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21.64.090 - Notices in the San Tomas Area .................................................................................................. 32
Chapter 21.68 - Revocations and Modifications............................................................................................33
21.68.010 - Purpose of Chapter .....................................................................................................................33
21.68.020 - Hearing and Notice..................................................................................................................... 33
21.68.030 - Permit Revocation .....................................,..........................................""""""""""""""""""" 33
21.68.040 - Pennit Modification ...................................................................................................................34
21.68.050 - Variance Revocation or Modification ........................................................................................ 35
Chapter 21.70 - Enforcement .......................................................................................................................... 37
21.70.010 - Purpose of Chapter """"""""""""""""""""""""""""""""'".................................................. 37
21.70.020 - Permits, Certificates and Licenses........................................................................""""""""""" 37
21.70.030 - Duties of the Community Development Director ...................................................................... 37
21.70.040 - Penalties ...................................................,................................................................................. 37
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CHAPTER 21.54 - ADMINISTRATIVE RESPONSIBILITY
Sections:
21.54.010 - Purpose of Chapter
21.54.020 - Planning Agency Defined
21.54.030 - Planning Commission
21.54.040 - Historic Preservation Board
21.54.050 - Site and Architectural Review Committee
21.54.060 - Community Development Director
21.54.010 - Purpose of Chapter
This Chapter describes the authority and responsibilities of City staff and appointed officials in the
administration of this Zoning Code.
21.54.020 - Planning Agency Defined
As provided by State law (Government Code Section 65100), the Campbell City Planning Commission,
Historic Preservation Board, Site and Architectural Review Committee, Community Development
Director, and Community Development Department shall perform the functions of a Planning Agency.
21.54.030 - Planning Commission
A. Appointment. The seven member Campbell Planning Commission is appointed and serves in
compliance with Municipal Code Chapter 2.24 (Planning Commission).
B. Duties and authority. The Planning Commission shall perform the duties and functions prescribed
by Municipal Code Chapter 2.24 (Planning Commission) and the duties and functions prescribed in
Article 4 (Land Use/Development Review Procedures), and other applicable provisions of this Zoning
Code.
21.54.040 - Historic Preservation Board
A. Establishment. The Campbell Historic Preservation Board, referred to in this Zoning Code as the
"Board," is hereby established.
B. Appointment and membership.
1. The Board shall consist of five voting members who shall be residents of the City, or of the City's
sphere of influence.
2. Two of the Board members shall be recommended for appointment by the Planning Commission,
two shall be recommended for appointment by the Civic Improvement Commission, and one shall
be appointed directly by the City Council.
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3. Each member shall have demonstrable competence, interest, or knowledge of historic
preservation.
C. Term of office.
1. The term of office for each member shall be four years.
2. An appointment to fill an unexpired term shall be for the remainder of the unexpired term.
D. Chairperson.
1. The Board shall elect the Chairperson from among its members on an annual basis at the first
meeting of the calendar year.
2. The term of office of the Chairperson shall be for the calendar year, or that portion remaining
after the appointment or election.
3. When there is a vacancy in the Chairperson position, the Board shall elect the Chairperson from
among its members.
E. Vacancy. If a member is absent from three consecutive meetings without cause, unless by
permission of the Board, or ceases to be a resident of the City, or the City's sphere of influence, the
member's seat shall be considered vacant.
F. Removal by City Council. A Board member serves at the pleasure of the City Council and may be
removed upon a majority vote of the City Council.
G. Duties and authority. The Board shall perform the duties and functions prescribed by this Zoning
Code, and the City Council may, from time to time by resolution, prescribe additional powers and
duties not inconsistent with State Law, including the following:
1. Recommend measures to implement historic preservation to the City Council, and advisory
commissions;
2. Administer the provisions of this Chapter 21.32 (Tree Protection Regulations);
3. Perform other advisory functions as may be delegated from time to time to the Board by the City
Council; and
4. Review new policies affecting historical resources in the community.
H. Community Development Director's role.
1. The Community Development Director shall act as secretary to the Board and shall be the
custodian of its records, conduct official correspondence, and generally supervise the clerical and
technical work of the Board in administering Chapter 21.32 (Tree Protection Regulations).
2. The Community Development Director shall assist and staff the Board.
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21.54.
21.54.050 - Site and Architectural Review Committee
A. Establishment. The Campbell Site and Architectural Review Committee, referred to in this Zoning
Code as the "Committee," is hereby established.
B. Appointment and membership. The Site and Architectural Review Committee shall consist of two
members of the Planning Commission to be appointed by, and to serve at the discretion of, the
Chairperson of the Planning Commission.
C. Appointment of an advisor.
1. An architect or licensed building designer shall be appointed by the Planning Commission to
serve as an advisor to the Site and Architectural Review Committee.
2. The advisor shall serve at the discretion of the Planning Commission for a period of 12 months.
D. Duties and authority. It shall be the duty of the Site and Architectural Review Committee to review
all applications for site and architectural approval as required by this Zoning Code and to make
reports and recommendations on each application to the Planning Commission.
21.54.060 - Community Development Director
A. Appointment. The Community Development Director is appointed and serves in compliance with
Chapter 2.08 (Officers) and Section 2.08.120 (Community Development Director) of the Municipal
Code.
B. Duties and authority. The Community Development Director shall perform the duties prescribed in
Municipal Code Section 2.08.120 (Community Development Director) and shall:
1. Have the responsibility to perform all of the functions designated by State law (Government Code
Section 65103 [Planning Agency Functions]); and
2. Perform the duties and functions prescribed in this Zoning Code.
C. Supervision. The responsibilities of the Community Development Director may be temporarily
delegated to a designated Community Development Department staff person as follows:
1. Except where otherwise provided by this Zoning Code, the responsibilities of the Community
Development Director may also be carried out by Community Development Department staff
under the supervision of the Community Development Director; and
2. When the Community Development Director designates a Community Development Department
staff person to act in place of the Community Development Director, the staff person shall
perform the duties assigned by the Community Development Director in addition to those listed
in paragraph B., above, as appropriate to the personnel title of the staff designee.
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CHAPTER 21.56 - PERMIT IMPLEMENTATION, TIME LIMITS,
AND EXTENSIONS
Sections:
21.56.010 - Purpose of Chapter
21.56.020 - Effective Date of Permits
21.56.030 - Permit Time Limits and Extensions
21.56.040 - Perfonnance Guarantees
21.56.050 - Issuance of Building Permits
21.56.060 - Amendments to an Approved Project
21.56.070 - Permits to Run With the Land
21.56.080 - Resubmittals
21.56.010 - Purpose of Chapter
This Chapter provides requirements for implementing or "exercising" the permits or entitlements
approved in compliance with this Zoning Code, including time limits, and procedures for granting
amendments and extensions of time.
21.56.020 - Effective Date of Permits
A. Discretionary decisions by Community Development Director or Planning Commission.
Conditional Use Permits, Home Occupation Permits, Site and Architectural Review Permits, and
Variances shall become effective on the 11th calendar day following the date a decision is rendered,
unless an appeal is filed in compliance with Chapter 21.62 (Appeals). Time limits will extend to the
following City Hall working day where the last of the specified number of days falls on a weekend,
holiday, or other day when City Hall is officially closed. A decision shall be considered rendered as
follows:
1. Decisions made by the Community Development Director. When a permit, including plans
and conditions is approved by the Community Development Director; or
2. Decisions made by the Planning Commission following a public hearing. When a resolution
is adopted by the Planning Commission without changes or with changes that are read into the
record, if applicable.
B. Ministerial permits. Ministerial Community Development Director decisions shall be effective
immediately upon being stamped and signed by the Community Development Director.
C. Decisions by City Council.
1. Development agreements and amendments to this Zoning Code and the Zoning Map shall
become effective on the 30th day following the adoption of an ordinance by the City Council.
2. A General Plan amendment shall be effective immediately upon adoption of a resolution by the
City Council.
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21.56.030 - Permit Time Limits and Extensions
A. Permit time limits.
1. Shall expire in 12 months. To ensure continued compliance with the provisions of this Chapter,
each approved permit shall expire 12 months after its effective date set by Section 21.56.020
(Effective Date of Permits), above or other date specified in the permit or approval, if the project
has not been established on the site. Time extensions may be granted in compliance with
Subsection C. below.
2. Failure to establish project. If the project authorized by a permit has not been established
within the required time, and a time extension is not granted, the permit shall expire and be
deemed void, without any further action by the City.
3. Phasing.
a. Where the permit or approval provides for development in two or more phases or units in
sequence, the permit or approval shall not be approved until the decision-making body has
approved the final phasing plan for the entire project site. The project applicant shall not be
allowed to develop one phase in compliance with the pre-existing base zoning district and
then develop the remaining phases in compliance with this Section, without prior decision-
making body approval.
b. Pre-approved phases.
(1) If a project is to be built in pre-approved phases, each subsequent phase shall have 12
months from the previous phase's date of establishment to the next phase's date of
establishment to have occurred, unless otherwise specified in the permit or approval, or
the permit or approval shall expire and be deemed void, without any further action by the
City.
(2) If the application for the permit or approval also involves the approval of a tentative map,
the phasing shall be consistent with the tentative map and the permit or approval shall be
established before the expiration of the companion tentative map.
B. Project established. An approved project shall be deemed to have been established when:
1. Issuance of Building Permit. A Building Permit has been issued
2. Commencement of use. An approved use that did not require construction has commenced and
has been diligently continued, including issuance of a Business License.
C. Extensions of time.
1. The applicant may request an extension of the permit expiration date by filing a written request
for an extension no later than 30 days before the expiration of the permit, together with the filing
fee required by the City's Schedule of Fees and Charges.
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2. The permittee has the burden of proof to establish, with substantial evidence that the applicant has
made a good faith effort to fulfill all the requirements of the permit approval, the justification for
extension of the permit.
3. The applicable decision-making body identified in Subsection D. (Decision-making body), below
may grant an extension for a period of time that is deemed commensurate with the justification
for the extension presented by the applicant, but in no event for more than an aggregate total
extension of 24 months beyond the original approval time limit, unless conditions of approval
authorize longer extensions.
D. Decision-making body.
1. Upon good cause shown, the rust extension may be approved, approved with modifications, or
denied by the Community Development Director fore a maximum period of 12 months beyond
the original approval time limit. The Community Development Director may defer action on the
extension and refer the application to the Planning Commission.
2. Subsequent extensions of permits approved by the Planning Commission, beyond those allowed
by the Community Development Director, may only be approved, approved with modifications or
denied by the Planning Commission.
3. Subsequent extensions of permits approved by the City Council, beyond those allowed by the
Community Development Director, may only be approved, approved with modification, or denied
by the City Council.
4. Permit extension decisions may be appealed in compliance with Chapter 21.62 (Appeals).
E. Public notice for extensions. Notice of a requested permit extension that requires approval by the
Planning Commission or City Council shall be given in compliance with Chapter 21.64 (Public
Hearings).
21.56.040 - Performance Guarantees
A. Guarantee faithful performance. The applicant or owner may be required by a permit's conditions
of approval or by action of the Community Development Director to provide adequate security to
guarantee the faithful performance of any or all conditions of approval imposed by the decision-
making body.
B. Reasonable amount of security. The Community Development Director shall set the amount of the
required security at a level that is reasonable in relation to the specific conditions being guaranteed.
21.56.050 - Issuance of Building Permits
Building Permits for a project that is required to be authorized through the approval of a land use permit
in compliance with this Zoning Code may be issued only after:
A. Appeal period has expired. The appeal period provided by Chapter 21.62 (Appeals) has expired
without an appeal being filed, or an appeal has been concluded by the appeal body approving the
project; and
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B. All conditions of approval have been completed. All conditions of approval prerequisite to
construction have been completed, or the Community Development Director has authorized their
deferral on the basis of a performance guarantee (see Section 21.56.040, Performance Guarantees,
above).
21.56.060 - Amendments to an Approved Project
An approved development or new land use shall be established only as specified by the approved land use
permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the
approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for
the request.
A. Minor changes. Minor changes may be approved, modified, or denied by the Community
Development Director.
B. Community Development Director's determination. The Community Development Director shall
determine whether a proposed change is minor or major.
C. Minor changes. The Community Development Director may authorize minor changes to an
approved site plan and elevations that will not change the overall character of the proposed
development, and only if the changes:
1. Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the
original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a Negative Declaration or Environmental Impact Report for the
project;
b. A basis for conditions of approval for the project; or
c. A specific consideration by the decision-making body (e.g., the Community Development
Director, Planning Commission, or City Council) in granting the permit or approval.
D. Major changes.
1. Major changes include changes to the project involving features specifically described in
Subparagraph C. 2., above, and shall only be approved, modified, or denied by the decision-
making body that originally approved the permit.
2. A major change request shall be processed in the same manner as the original permit or approval.
21.56.070 - Permits to Run With the Land
Except for a Home Occupation Permit, any land use permit or approval granted in compliance with the
provisions of this Zoning Code shall run with the land and continue to be valid upon a change of
ownership of the business, parcel, service, structure, or use that was the subject of the permit application.
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Permit Implementation, Time Limits, and Extensions
21.56
21.56.080 - Resubmittals
A. Resubmittals prohibited within 12 months. For a period of 12 months following the date of denial
of a discretionary permit, approval, or amendment, no application for the same or substantially similar
discretionary permit, approval, or amendment for the same site shall be filed, except if the denial was
without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances
to an extent that further consideration is deemed warranted.
B. Denial without prejudice. There shall be no limitation on subsequent applications for a site on
which a project was denied without prejudice.
C. Community Development Director's determination. The Community Development Director shall
determine whether the new application is for a discretionary permit, approval, or amendment which is
the same or substantially similar to the previously approved or denied permit, approval, or
amendment.
D. Appeal. The determination of the Community Development Director may be appealed to the
Planning Commission, in compliance with Chapter 21.62 (Appeals).
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Permit Implementation, Time Limits, and Extensions
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CHAPTER 21.58 - NONCONFORMING USES AND STRUCTURES
Sections:
21.58.010 - Purpose of Chapter
21.58.020 - Applicability
21.58.030 - Definitions
21.58.040 - Restrictions on Nonconforming Uses
21.58.050 - Restrictions on Nonconforming Structures
21.58.010 - Purpose of Chapter
A. Purpose. This Chapter establishes regulations for legal nonconforming uses and structures. These
are uses and structures within the City that were lawfully established and constructed before the
adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted
differently under the current terms of this Zoning Code or future amendments thereto.
B. Intent. It is the intent of this Chapter to limit the number and extent of nonconforming structures by
prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by
prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be
eliminated or altered to conform to the zoning district standards in which they are located.
21.58.020 - Applicability
A. Nonconforming uses and structures. Nonconforming uses and structures within the City may
continue to be used, and may be altered, maintained, expanded, reconstructed, or replaced only as
allowed by this Chapter.
B. City properties. Any property with a nonconforming structure owned in whole or part by the City of
Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or
extensions do not extend beyond the boundaries of the original site. Nothing in this Chapter shall be
construed to require the discontinuance, or removal of a City-owned nonconforming structure.
C. Status of designated cultural resource. Designated cultural resources shall not be considered
nonconforming or illegal for purposes of maintenance and upkeep.
D. Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable
provisions of the Municipal Code or the Santa Clara County regulations when originally established,
are in violation of this Zoning Code and are subject to the provisions of Chapter 21. 70 (Enforcement).
This Chapter does not grant any right to continue the use or occupancy of property containing an
illegal use or structure.
E. Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a
public nuisance, appropriate action may be taken by the City, in compliance with Municipal Code
Chapter 6.10 (Nuisance Abatement and Property Maintenance Regulations).
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21.58
Nonconforming Uses and Structures
21.58.030 - Definitions
Nonconforrnities are defined as follows:
Nonconforming structures. A structure the size, dimensions or location of which was lawful prior to the
adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption,
revision or amendment to conform to the current requirements of this Zoning Code.
Nonconforming use. A use or activity which was lawful prior to the adoption, revision or amendment of
this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the
current use regulations for the zoning district in which it is located.
Nonconformity upon annexation. A use, structure, or parcel that legally existed in the unincorporated
territory and after annexation does not comply with the provisions of this Zoning Code.
21.58.040 - Restrictions on Nonconforming Uses
A. Purpose. This Section is intended to limit the number and extent of nonconforming uses by
prohibiting expansion, enlargement, or intensification, re-establishment after abandonment, alteration
of the structures they occupy, and restoration after destruction.
B. Continuation of use. The nonconforming use of a structure, lawfully established before the
enactment of rezoning, reclassification, or change of regulations, may be continued only in
compliance with the provisions of this Chapter.
C. Change in use.
1. The nonconforming use of a site or structure may be changed to a use of the same or more
restricted classification as determined by the Community Development Director.
2. Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it
shall not thereafter be changed to a use of greater intensity.
D. Enlargement or expansion prohibited. A nonconforming use shall not be enlarged or increased to
occupy a greater floor area or portion of the site than it lawfully occupied before becoming a
nonconforming use. Alterations that do not enlarge or increase a nonconforming use may be
approved.
E. Discontinued use.
1. A nonconforming use that is voluntarily abandoned, discontinued, or has ceased operations for a
continuous period of at least 12 months shall not be re-established on the site.
2. The determination of abandonment shall be supported by evidence, satisfactory to the
Community Development Director (e.g., the actual removal of equipment, furniture, machinery,
structures, or other components of the nonconforming use, the turning-off of the previously
connected utilities, or where there are no business receipts/records available to provide evidence
that the use is in continual operation).
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3. Without further action by the City, further use of the structure or parcel shall comply with all of
the regulations of the applicable zoning district and all other applicable provisions of this Zoning
Code.
F. Nonconforming use of land. The nonconforming use of land (where no main structure is involved)
lawfully established before the enactment of zoning, rezoning, reclassification, or change of
regulations, may be continued for a period of not more than five years from when it first became
nonconforming; provided:
1. No nonconforming use of land shall in any way be expanded or extended either on the same or
adjoining property.
2. The nonconforming use of land may be changed to a use of the same or lesser intensity (as
determined by the Community Development Director) but where the nonconforming use of land
is changed to a use of lesser intensity it shall not thereafter be changed to a use of greater
intensity.
3. A nonconforming use of land that is voluntarily abandoned or discontinued for a continuous
period of at least 12 months shall not be re-established. Any further use of the site thereafter shall
comply with all applicable provisions of this Zoning Code.
G. Nonconforming due to lack of Conditional Use Permit. A use that is nonconforming due to the
lack of a Conditional Use Permit may continue only to the extent that it previously existed (e.g., floor
or site area occupied by the use, hours of operation). Any change shall require Conditional Use
Permit approval.
H. Previous Conditional Use Permits in effect. A use that was established with Conditional Use
Permit approval but is a use no longer allowed by this Zoning Code within the applicable zoning
district may continue in operation, but only in compliance with all of the provisions of the original
Conditional Use Permit. If the Conditional Use Permit specified a termination date, the use shall be
discontinued in compliance with that termination date.
I. Nonconformance due to reclassification. The foregoing provisions of this Zoning Code shall also
apply to uses and structures which thereafter become nonconforming due to any reclassification of
zoning districts, in compliance with Chapter 21.60 (Amendments) or any subsequent change in the
regulations of this Chapter; provided, where a period of years is specified in this Section for the
removal of nonconforming uses or structures the period shall be computed from the date of the
reclassification or change.
21.58.050 - Restrictions on Nonconforming Structures
A. Purpose. This Section is intended to limit the number and extent of nonconforming structures by
prohibiting their being altered, enlarged, or moved, and by prohibiting their restoration after
destruction. Eventually, all nonconforming structures are to be altered or eliminated to conform to all
applicable provisions of this Zoning Code.
B. Continuation of structure. A nonconforming structure, lawfully constructed before the enactment
of rezoning, reclassification, or change of regulations may be continued only in compliance with the
provisions of this Chapter.
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21.58
Nonconforming Uses and Structures
C. Maintenance, repairs, and minor alterations. Except as otherwise provided in this Chapter, a
nonconforming structure may be maintained, repaired, and minor alterations made; provided, no
structural alterations shall be made except those required by law or ordinance.
D. Additions, enlargements, and moving.
1. A nonconforming structure shall not be added to or enlarged in any manner, except as identified
in Subsection F. (Exceptions), below.
2. A structure that does not comply with the height or area regulations shall not be added to or
enlarged in any manner, except as identified in Subsection F. (Exceptions), below.
3. A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided, the
required additional parking spaces are provided, in compliance with Chapter 21.28 (Parking and
Loading).
4. No nonconforming structure shall be moved in whole or in part to any other location on the parcel
unless every portion of the structure is made to conform to all applicable provisions of this
Zoning Code.
E. Reconstruction after damage or destruction. A nonconforming structure that is involuntarily
damaged or partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the
public enemy, clearly beyond the control of the property owner, may be reconstructed in compliance
with the Building Code, only as follows.
1. Cost does not exceed 75 percent. A nonconforming structure which is involuntarily damaged or
partially destroyed to the extent that the cost of restoration does not exceed 75 percent of the cost
of construction of a comparable new structure (as determined by the Building Official) may be
restored or reconstructed; provided, the restoration is started within 12 months of the date of
damage, and the restoration is completed within 12 months thereafter.
2. Cost exceeds 75 percent. In the event the cost to repair the damage or destruction exceeds 75
percent of the cost of construction of a comparable new structure (as determined by the Building
Official) no repairs or reconstruction shall be made unless every portion of the structure is made
to conform to all applicable provisions of this Zoning Code.
3. Exceeds 75 feet in height. In compliance with the intent of Section 21.18.050 (Exceptions to
Height Provisions), and notwithstanding any provisions to the contrary, a nonconforming
structure that equals or exceeds 75 feet in height shall be allowed to be reconstructed or restored
if it becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in
Subsection D., above.
4. Residential structures.
a. Nonconforming single- and multi-family residential dwelling units involuntarily damaged or
destroyed due to a catastrophic event may be reconstructed or replaced with a new
structure(s) using the same development standards applied to the damaged or destroyed
structure(s) (e.g., building envelope and footprint standards).
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b. A complete application for reconstruction shall be submitted within 12 months of the date of
damage, reconstruction is commenced within 180 days of land use permitlBuilding Permit
approval, and is diligently pursued to completion.
c. The new construction shall comply with current Building and Fire Code requirements.
F. Exceptions.
1. Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning
districts in which it is located may be added to or enlarged in compliance with the following
criteria:
a. The structure was lawfully constructed;
b. The addition or enlargement is limited to the first floor;
c. The addition or enlargement does not decrease the existing setbacks;
d. Any upper story additions comply with the current setback requirements; and
e. The decision-making body approving the Site and Architectural Review Permit for the
addition or enlargement finds that the addition or enlargement will not be detrimental to the
public health, safety, or general welfare of persons residing in the neighborhood.
2. Policy "E" of the San Tomas Neighborhood Plan.
a. Additions to legally existing structures in the San Tomas area may be added to or enlarged as
allowed under policy "E" of the San Tomas Neighborhood Plan.
b. Policy "E" is incorporated herein by reference.
c. The map outlining the boundaries of the San Tomas area is maintained at the Community
Development Department.
d. In the case of conflict between the San Tomas Neighborhood Plan policy "E" and the
requirements contained in this Chapter, policy "E" of the plan shall prevail.
3. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to
reinforce unreinforced masonry structures or to comply with Building Code requirements shall be
allowed without the cost limitations identified in Subsection E. (Reconstruction after damage or
destruction), above; provided the retrofitting and Code compliance are limited exclusively to
compliance with earthquake safety standards and other applicable Building Code requirements,
including, State law (e.g., Title 24, California Code of Regulations, etc).
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Nonconforming Uses and Structures
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.60 - AMENDMENTS (GENERAL PLAN, ZONING
CODE, AND ZONING MAP AMENDMENTS)
Sections:
21.60.010 - Purpose of Chapter
21.60.020 - Initiation of Amendment
21.60.030 - Application Filing, Processing, and Review
21.60.040 - Notice and Hearings
21.60.050 - Planning Commission Action on Amendments
21.60.060 - City Council Action on Amendments
21.60.070 - Findings and Decision
21.60.080 - Notification of Decision
21.60.090 - Interim Ordinance
21.60.100 - Prezoning
21.60.010 - Purpose of Chapter
The purpose of this Chapter is to provide procedures for processing and reviewing the following
amendments, whenever the public necessity, convenience, and the general welfare require the
amendment:
A. General Plan. General Plan amendment that may include revisions to, goals, policies, actions, land
use designations, or text;
C. Zoning Code. Zoning Code amendment that may modify any procedures, provisions, requirements,
or standards, applicable to the development, and/or use of property within the City; and
B. Zoning Map. Zoning Map amendment that has the effect of rezoning property from one zoning
classification to another.
21.60.020 - Initiation of Amendment
A. General Plan. An amendment to the General Plan may be initiated only by the City Council.
B. Zoning Code. An amendment to this Zoning Code may be initiated by, the City Councilor the
Planning Commission.
C. Zoning Map. An amendment to the Zoning Map may be initiated by the City Council, the Planning
Commission, by a written application of a person having a legal or equitable interest in the subject
property, or by a majority of the property owners when an area is being considered for amendment.
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21.60
Amendments (General Plan, Zoning Code, and Zoning Map Amendments)
21.60.030 - Application Filing, Processing, and Review
When initiated by a property owner(s) or an interested party, application filing, processing, and review for
the amendment shall be conducted in the following manner:
A. Filing. An application for an amendment shall be filed with the Community Development
Department in compliance with 21.38 (Application Filing, Processing, and Fees.)
B. Contents. The application shall be accompanied by detailed data and materials identified in the
Community Development Department handout for amendment applications.
C. Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of
the findings required by Section 21.60.070 (Findings and Decision), below.
D. Project review procedures. Following receipt of a completed application, the Community
Development Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the purpose of this Chapter.
21.60.040 - Notice and Hearings
A. Public hearing required. Public hearings shall be required for the Planning Commission's
recommendation and the City Council's decision on an amendment application.
B. Determination of completeness. The public hearing shall be scheduled once the Community
Development Director has deemed the application complete.
C. Notice and conduct of hearing. Notice of the public hearing shall be provided, and the hearing shall
be conducted in compliance with Chapter 21.64 (Public Hearings).
21.60.050 - Planning Commission Action on Amendments
A. Planning Commission recommendation. The Planning Commission shall make a written
recommendation to the City Council whether to approve, approve in modified form, or deny the
proposed amendment, based on the findings contained in Section 21.60.070 (Findings and Decision),
below.
B. Planning Commission resolution. The recommendation shall be by resolution carried by the
affirmative vote of the majority of the Planning Commission.
C. Transmittal within 40 days. The resolution shall be transmitted to the City Council within 40 days
after its date of adoption.
21.60.060 - City Council Action on Amendments
A. City Council's action on amendment. Upon receipt of the Planning Commission's
recommendation, the City Council shall approve, approve in modified form, or deny the proposed
amendment based on the findings contained in Section 21.60.070 (Findings and Decision), below.
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Amendments (General Plan, Zoning Code, and Zoning Map Amendments)
21.60
B. Referral to Planning Commission. If the City Council proposes to adopt a substantial modification
to the amendment not previously considered by the Planning Commission during its hearings, the
proposed modification shall be first referred back to the Planning Commission for its
recommendation, in compliance with State law (Government Code Sections 65356 [General Plan
amendments] and 65857 [Zoning Code/Map amendments]).
C. Failure to repot back to the City Council. Failure of the Planning Commission to report back to
the City Council within 45 days for General Plan amendments or 40 days for Zoning Code/Map
amendments after the referral, or within a longer time set by the City Council, shall be deemed a
recommendation for approval of the modification.
21.60.070 - Findings and Decision
A. Findings for General Plan amendments. An amendment to the General Plan may be approved only
if all of the following findings are made:
1. The proposed amendment is internally consistent with the goals, policies, and actions of the
General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City; and
3. If applicable, the parcel is physically suitable (including absence of physical constraints, access,
compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated
project.
B. Findings for Zoning Code and Zoning Map amendments. An amendment to this Zoning Code or
the Zoning Map may be approved only if the decision-making body first makes the following
findings, as applicable to the type of amendment.
1. Findings required for aU Zoning Code and Zoning Map amendments:
a. The proposed amendment is consistent with the goals, policies, and actions of the General
Plan; and
b. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the City.
2. Additional finding for Zoning Code amendments. The proposed amendment is internally
consistent with other applicable provisions of this Zoning Code.
3. Additional finding for Zoning Map amendments. The parcel is physically suitable (including
absence of physical constraints, access, compatibility with adjoining land uses, and provision of
utilities) for the requested zoning designation(s) and anticipated land uses/project.
21.60.080 - Notification of Decision
The City Clerk shall give written notification of the decision of the City Council to the applicant.
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21.60
Amendments (General Plan, Zoning Code, and Zoning Map Amendments)
21.60.090 - Interim Ordinance
A. Adoption of an urgency measure. The City Council may take appropriate action to adopt an
urgency measure, as an interim ordinance, in compliance with State law (Government Code Section
65858).
B. Prohibiting uses in conflict with recommendations. If the Community Development Department
or the Planning Commission in good faith is conducting, or resolves to conduct, studies within a
specified time for the purpose of holding a hearing(s) in order to provide recommendations to the City
Council related to the adoption or amendment of this Zoning Code, or in the event that new property
may be annexed to the City, the City Council, in order to protect the public health, safety, and
welfare, may adopt as an urgency measure a temporary interim ordinance prohibiting uses which may
be in conflict with the adopted or amended Zoning Code.
21.60.100 - Prezoning
A. Prezoning of unincorporated property. The City may prezone unincorporated property adjoining
the City for the purpose of determining the zoning that will apply to the property in the event of
subsequent annexation to the City.
B. Procedures for prezoning. The procedures for accomplishing the prezoning shall be as provided by
this Chapter for a Zoning Map amendment for property within the City.
C. Effective date. The zoning shall become effective at the same time that the annexation becomes
effective.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
CHAPTER 21.62 - ApPEALS
Sections:
21.62.010 - Purpose of Chapter
21.62.020 - Appeals From Administrative Decisions
21.62.030 - Appeals From Decisions of the Planning Commission
21.62.040 - Filing and Processing of Appeals
21.62.050 - Action on Appeals
21.62.010 - Purpose of Chapter
This Chapter provides procedures for filing appeals of determinations or decisions rendered by the
Community Development Director or the Planning Commission.
21.62.020 - Appeals From Administrative Decisions
A. Appeal of Community Development Director's or City Official's interpretation. The applicant
or any other interested party may file an appeal to the Planning Commission from administrative
interpretation made by the Community Development Director or any City official in compliance with
this Zoning Code.
B. Appeal of Community Development Director's decisions. Appeals of Community Development
Director's decisions are limited to the consideration by the Planning Commission for the following
matters:
1. Fence Exceptions;
2. Home Occupation Permits;
3. Sign Permits;
4. Tree Removal Permits; and
5. Zoning Clearances.
C. Appeal filed with the Community Development Department. The appeal shall be filed with the
Community Development Department and accompanied by a filing fee in compliance with the City's
Schedule of Fees and Charges, no part of which is refundable.
D. Ministerial actions. Ministerial actions granting or denying a Building Permit are final and may not
be appealed.
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21.62
Appeals
21.62.030 - Appeals From Decisions of the Planning Commission
A. Appeal of Planning Commission decision. The applicant or any other interested party may file an
appeal to the City Council from any decision of the Planning Commission rendered in compliance
with this Zoning Code.
B. Appeal filed with the City Clerk. The appeal shall be filed with the City Clerk and accompanied by
a filing fee in compliance with the City's Schedule of Fees and Charges, no part of which is
refundable.
21.62.040 - Filing and Processing of Appeals
A. Timing and form of appeal.
1. Appeals shall be submitted in writing and filed with the City Clerkon a City application form,
within 10 days after the date the Community Development Director or the Planning Commission
renders the decision.
2. The number of days shall be construed as calendar days. Time limits will extend to the following
City Hall working day where the last of the specified number of days falls on a weekend, holiday,
or other day when City Hall is officially closed.
3. Appeals shall be accompanied by the filing fee set by the City's Schedule of Fees and Charges, no
part of which is refundable.
B. Effect of filing. The filing of an appeal in compliance with this Chapter shall have the effect of
suspending the effective date of the decision being appealed, and no further actions or proceedings
shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
C. Required statement and evidence.
1. Applications for appeals shall include a statement specifying the basis for the appeal and the
specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to
mitigate potential project impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
D. Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the
applicant, via certified mail, return receipt requested, to the address listed on the application within
seven days of its filing.
E. Report and scheduling of hearing.
1. When an appeal has been filed, the Community Development Director shall prepare a report on
the matter, and schedule the matter for consideration by the appropriate appeal body, with notice
provided in compliance with Subsection F., immediately below.
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Appeals
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2. All appeals shall be considered in public hearings.
3. The City may consolidate hearings on all timely filed appeal applications for the same project.
F. Notice requirements.
1.
Public notice for a hearing on an appeal shall be provided in the same manner as required for
the decision being appealed.
2.
The content of the notice shall comply with Chapter 21.64 (Public Hearings).
G. Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted
to the City Clerk with the signatures of all persons who originally filed the appeal.
H. Decision shall be final after 10 days. Any determination or decision not appealed within the lO-day
period shall be final.
21.62.050 - Action on Appeals
A. Action. At the hearing, the decision-making body may only consider any issue involving or related
to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and
shall conclude the proceedings with one of the following actions.
1. Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse
the action that is the subject of the appeal.
2. Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt
additional conditions of approval involving or related to the subject matter of the appeal.
3. Deny the permit. Deny the permit approved by the previous decision-making body, even though
the appellant only requested a modification or elimination of one or more conditions of approval.
4. Referral. If new or different evidence is presented in the appeal, the Planning Commission or
City Council, may, but shall not be required to, refer the matter back to the Community
Development Director or Planning Commission, as applicable, for further consideration. Any
new evidence shall relate to the subject of the appeal.
5. Required findings. The appeal body shall make the required findings in support of its final
action.
B. Deadlock vote.
1. By Planning Commission. In the event an appeal from an action of the Community
Development Director results in a deadlock vote by the Planning Commission, the determination,
interpreting decision, judgment, or similar action of the Community Development Director shall
be recognized as final, unless appealed to the City Council.
2. By City Council. In the event that an appeal from an action of the Planning Commission results
in a deadlock vote by the City Council, the action of the Planning Commission shall become
final.
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21.62
Appeals
C. Effective date of decision.
1. Final action by Planning Commission. An action of the Community Development Director
appealed to the Planning Commission shall not become effective until final action by the
Planning Commission.
2. Final action by City Council. An action of the Planning Commission appealed to the City
Council shall not become effective until final action by the City Council.
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CHAPTER 21.64 - PUBLIC HEARINGS
Sections:
21.64.010 - Purpose of Chapter
21.64.020 - Notice of Hearing
21.64.030 - Failure to Mail or Receive Notice
21.64.040 - Hearing Procedure
21.64.050 - Record of Decision
21.64.060 - Finality of Decision
21.64.070 - Recommendation by Planning Commission
21.64.080 - Record of City Council Decision
21.64.090 - Notices in the San Tomas Area
21.64.010 - Purpose of Chapter
A. This Chapter provides procedures to be followed by the City in noticing public hearings.
B. When public notice is required, it shall be given as provided by this Chapter, whether or not this
Zoning Code requires a public hearing.
C. By following these procedures, it is intended that interested individuals and groups will be aware of
the proposals under consideration and may offer their input into the decision-making process.
21.64.020 - Notice of Hearing
When a land use permit, amendment, or appeal, or other matter requires a public hearing, the public shall
be provided notice of the hearing in compliance with State law (Government Code Sections 65090,
65091, 65094, and 66451.3 and Public Resources Code 21000 et seq.), or as otherwise required in this
Zoning Code.
In the event of a conflict between the provisions of this Chapter and other provisions in this Zoning Code,
the provisions of this Chapter shall prevail.
A. Content of notice. Notice of a public hearing shall include:
1. Date, time, and place. The date, time, and place of the hearing; the name of the hearing body; a
general explanation of the matter to be considered; a general description, in text or by diagram, of
the location of the property that is the subject of the hearing; and the phone number of the
Community Development Department for additional information; and
2. Environmental document. If a proposed Negative Declaration or final Environmental Impact
Report has been prepared for the project in compliance with the CEQA Guidelines, the hearing
notice shall include a statement that the hearing body will also consider granting the proposed
Negative Declaration or certification of the final Environmental Impact Report.
B. Method of notice distribution. Notice of a public hearing required by this Chapter for a land use
permit, amendment, or appeal shall be given as follows, as required by State law (Government Code
Sections 65090 and 65091):
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1. Publication. Notice shall be published at least once in a local newspaper of general circulation in
the City at least 10 days before the hearing;
2. Mailing. Notice shall be mailed flTSt class at least 10 days before the hearing to the following:
a. Applicant and owner. The applicant and the owner of the property being considered, or the
owner's agent at the address shown on the application form;
b. Local agencies. Each local agency expected to provide water, schools, or other essential
facilities or services to the project, whose ability to provide the facilities and services may be
significantly affected;
c. Surrounding property owners. All owner(s), as shown on the last equalized assessment roll
adopted by the County of Santa Clara before the date the application was filed, of the parcels
of land which either in their entirety or in part are situated within 300 feet of any part of the
parcel(s) of land which is the subject of the application. Notice to the owners shall be sent to
their addresses as shown on the assessment roll; and
d. Persons requesting notice. Any person who has filed a written request for notice with the
Community Development Director and has paid the fee set by the current City's Schedule of
Fees and Charges for the notice.
C. Zoning Code text amendments. For public hearings involving a Zoning Code text amendment
where no specific properties are the subject of the application, notice shall be given as prescribed in
Subsection B. (Method of notice distribution) above, with the exception of Subparagraph B. 3., (or B.
2. c.) mailing of notices to all property owners within 300 feet of the subject property.
D. Posting in a public place. A notice shall be posted in a public place in the offices of the City at least
three days before the hearing.
E. Alternative notice. If the number of property owners to whom notice would be mailed is greater
than 1,000, the Community Development Director, in lieu of mailed or delivered notice, may provide
notice by placing a display advertisement of at least one-eighth page in a newspaper of general
circulation in the City in compliance with State law (Government Code Section 65091).
F. Additional notice. In addition to the methods of noticing required by Subsection B. above, the
Community Development Director may provide any additional notice using any distribution method
(e.g., the internet) that the Community Development Director determines is necessary or desirable.
G. Official responsible for preparing notices.
1. Planning Commission public hearings. The Community Development Director shall prepare
all notices for Planning Commission public hearings.
2. City Council public hearings. The City Clerk shall prepare all notices for City Council public
hearings.
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21.64.030 - Failure to Mail or Receive Notice
Failure of the Community Development Director or City Clerk to mail a notice required by this Chapter
or the failure of any person to receive the notice shall not affect, in any way whatsoever:
A. Validity of any proceeding. The validity of any proceedings taken under this Chapter;
B. Any action or decision. Any action or decision of the Community Development Director, Planning
Commission, or City Council made or taken in any proceedings; or
C. Proceeding with the hearing. The Planning Commission or City Council from proceeding with any
hearing at the time and place identified in the notice.
21.64.040 - Hearing Procedure
A. Holding of hearing. Public hearings as provided for in this Chapter shall be held at the time and
place for which notice has been given in compliance with this Chapter.
B. Hearing may be continued. A hearing may be continued without additional mailed notice, provided
that the chairperson announces the time and place to which the hearing will be continued, before the
adjournment or recess.
21.64.050 - Record of Decision
A. Timing of decision. The decision-making body may announce and record the decision at the
conclusion of a scheduled hearing, or defer action, take specified items under advisement, and
continue the hearing.
B. Contents of record.
1. Findings and monitoring requirements. The record of the decision-making body shall contain
applicable findings, all conditions and time limits, and the reporting or monitoring requirements
deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the
City.
2. Mailing of record. Following the hearing, the record of the decision shall be mailed to the
applicant at the address shown on the application.
a. Official responsible for preparing the notification to the applicant.
(1) The Secretary of the Planning Commission shall give written notification of the action
(e.g., recommendation or decision) ofthe Planning Commission to the applicant.
(2) The City Clerk shall give written notification of the decision of the City Council to the
applicant.
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b. Shall include conditions and time limits. In the case of approval, the notification shall
include all conditions and time limits, and the reporting or monitoring requirements deemed
necessary to mitigate any impacts and protect the public health, safety, and welfare of the
City.
21.64.060 - Finality of Decision
The decision of the Community Development Director or Planning Commission is final unless appealed
in compliance with Chapter 21.62 (Appeals).
21.64.070 - Recommendation by Planning Commission
A. Planning Commission's recommendation. At the conclusion of a public hearing on a proposed
amendment to the General Plan, this Zoning Code, the Zoning Map, or a development agreement the
Planning Commission shall forward a recommendation, including all required findings, to the City
Council for final action.
B. Mailing of recommendation. Following the hearing, a notice of the Planning Commission's
recommendation shall be mailed to the applicant in compliance with Subparagraph 21.64.050 B. 2.
(Mailing of record).
21.64.080 - Record of City Council Decision
A. City Council's action. For applications requiring City Council approval, the City Council shall
announce and record its decision at the conclusion of the public hearing.
B. Findings and monitoring requirements. The record of the decision shall contain the findings of the
City Council, any conditions of approval, and reporting or monitoring requirements deemed
necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
C. Mailing of decision. Following the hearing, a notice of the decision shall be mailed to the applicant
in compliance with Subparagraph 21.64.050 B. 2. (Mailing of record).
21.64.090 - Notices in the San Tomas Area
A. Notices in compliance with Section 21.64.020. Notices of public hearings for a General Plan or
Zoning Map amendment within the San Tomas area shall be given as specified in Section 21.64.020
(Notice of Hearing), above.
B. On-site posting of notice. In addition, a notice containing the time, place, and general purpose of the
hearing shall be posted on the subject parcel(s) at least 10 days before the hearing for applications
involving a specific parcel(s).
C. San Tomas map. The map outlining the boundaries of the San Tomas area is available at the
Community Development Department.
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CHAPTER 21.68 - REVOCATIONS AND MODIFICATIONS
Sections:
21.68.010 - Purpose of Chapter
21.68.020 - Hearing and Notice
21.68.030 - Permit Revocation
21.68.040 - Permit Modification
21.68.050 - Variance Revocation or Modification
21.68.010 - Purpose of Chapter
This Chapter provides procedures for securing punitive revocation or modification of previously approved
permits and entitlements.
21.68.020 - Hearing and Notice
A. Notice of noncompliance. The Community Development Director may issue a notice of
noncompliance for any failure to comply with a condition of a permit or for failure to comply with
any code, law, ordinance, regulation, or statute of the City, State, or Federal governments, or if the
use creates a nuisance.
B. Failure to comply with notice. If the noncompliance or nuisance is not abated, corrected, or
rectified, in compliance with Municipal Code Chapter 6.10 (Nuisance Abatement and Property
Maintenance Regulations) within the time specified in the notice, the Community Development
Director may set a date for a public hearing.
C. Appropriate decision-making body. The decision-making body that originally approved the permit
may hold a public hearing to revoke or modify any permit granted in compliance with the provisions
of this Zoning Code.
D. 10 days before hearing. Notice shall be delivered in writing to the applicant and owner of the
property for which the permit was granted at least 10 days before the public hearing.
E. Deemed delivered. Notice shall be deemed delivered two days after being mailed, first class, to the
owner as shown on the last equalized assessment roll adopted by the County of Santa Clara and to the
project applicant, where the applicant is not the owner of the subject property.
21.68.030 - Permit Revocation
A permit may be revoked by the decision-making body that originally approved the permit, if anyone of
the following findings can be made:
A Circumstances under which the permit was granted have been changed by the applicant to a degree
that one or more of the findings contained in the original permit can no longer be made in a positive
manner, and the public convenience, health, interest, safety, or welfare require the revocation;
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B. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the permit; ,
C. One or more of the conditions of the permit have not been substantially fulfilled or have been
violated;
D. The improvement authorized in compliance with the permit is in violation of a code, law, ordinance,
regulation, or statute of the City, State, or Federal governments; or
E. The improvement or use allowed by the permit has become detrimental to the public health, safety, or
welfare or the manner of operation constitutes or is creating a nuisance, as determined by the
decision-making body.
21.68.040 - Permit Modification
A. Effect of modification.
1. The City's action to modify a permit, rather then to revoke it, shall have the effect of changing the
operational aspects of the permit.
2. The changes may include the operational aspects related to buffers, duration of the permit, hours
of operation, landscaping and maintenance, lighting, noise, odors, parking, performance
guarantees, property maintenance, signs, surfacing, traffic circulation, and similar aspects.
B. Required findings. A land use permit and any of its conditions of approval may be modified by the
decision-making body that originally approved the permit, without the consent of the property owner
or operator, if the decision-making body first determines that:
1. Circumstances under which the permit was granted have been changed by the applicant to a
degree that one or more of the findings contained in the original permit can no longer be made in
a positive manner, and the public convenience, health, interest, safety, or welfare require the
modification;
2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the permit;
3. One or more of the conditions of the permit have not been substantially fulfilled or have been
violated;
4. The improvement authorized in compliance with the permit is in violation of a code, law,
ordinance, regulation, or statute of the City, State, or Federal governments; or
5. The improvement or use allowed by the permit has become detrimental to the public health,
safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined
by the decision-making body.
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21.68.050 - Variance Revocation or Modification
A Variance may be revoked or modified by the decision-making body which originally approved the
application, if anyone of the following findings can be made.
A. Findings for revocation.
1. Special circumstances applicable to the property upon which the Variance was granted have been
changed by the applicant to a degree that one or more of the findings contained in the original
approval can no longer be made in a positive manner, and the grantee has not substantially
exercised the rights granted by the approval;
2. The Variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a
material statement in the application, or in the applicant's testimony presented during the public
hearing, for the Variance; or
3. One or more of the conditions of the Variance have not been met, or have been violated, and the
grantee has not substantially exercised the rights granted by the approval.
B. Findings for modification.
1. Special circumstances applicable to the property upon which the Variance was granted have been
changed by the applicant to a degree that one or more of the findings contained in the original
approval can no longer be made in a positive manner, and the grantee has substantially exercised
the rights granted by the approval;
2. One or more of the conditions of the Variance have not been met, or have been violated, and the
grantee has substantially exercised the rights granted by the approval; or
3. The conditions of approval are found to be inadequate to mitigate the impacts of the project
allowed by the Variance.
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CHAPTER 21.70 - ENFORCEMENT
Sections:
21.70.010 - Purpose of Chapter
21.70.020 - Permits, Certificates and Licenses
21.70.030 - Duties of the Community Development Director
21.70.040 - Penalties
21.70.010 - Purpose of Chapter
This Chapter is intended to indicate the responsibilities for the enforcement of the Zoning Code and the
penalties for violations.
21.70.020 - Permits, Certificates and Licenses
All departments, officials and employees of the City vested with the duty or authority to issue permits,
certificates or licenses shall comply with the provisions of this title, and shall issue no permit, certificate
or license which conflicts with the provisions of this title. Any permit, certificate or license issued in
conflict with the provisions of this title shall be void.
21.70.030 - Duties of the Community Development Director
It shall be the duty of the Community Development Director or such other person as the City Council
may designate, to enforce this title. The Community Development Director may serve notice requiring
removal of any structure or use in violation of this title. The Community Development Director may call
upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title, and
the city attorney hereby is authorized to institute appropriate action to that end. The Community
Development Director may call upon the Chief of Police and his authorized agents to assist in the
enforcement of this title.
21.70.040 - Penalties
A It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any
mandatory requirement of this title. Except as otherwise provided in subsection B. of this section,
any entity violating any provision, or failing to comply with any mandatory requirement of this title is
guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred
dollars.
B. Notwithstanding any provision to the contrary, any person, fIITll or corporation committing any act
made unlawful pursuant to subsection A of this section shall be guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of
not more than six months, if any of the following circumstances exists:
1. The violation was committed willfully or with knowledge of its illegality;
2. The violator does not cease, or otherwise abate the violation after receiving notice of such
violation;
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3. The violator has previously been convicted of violating the same provision of this title within two
years of the currently charged violation; or
4. The provision violated specifies that such violation shall be a misdemeanor.
C. Each person, firm or corporation violating any provision, or failing to comply with the mandatory
requirements of this title shall be deemed guilty of a separate offense for each and every day during
any portion of which any violation of any provision of this title is committed, continued or permitted
by such person, firm or corporation, and shall be punishable as provided in this section. Any use not
specifically permitted under the provisions governing the zone in which such use is located shall be
considered a violation of this title.
D. Upon notification to the violator by the Community Development Director or his or her authorized
representative, the violation shall be recorded with the county recorder by parcel number.
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ARTICLE 6
DEFINITIONS
Chapter 21.72 - Definitions ................................................................................................................................3
21.72.010 - Purpose..........................................................................................................................................3
21.72.020 - Definitions of Specialized Terms and Phrases.............................................................................. 3
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CHAPTER 21.72 - DEFINITIONS
21.72.010 - Purpose
This Chapter provides definitions of terms and phrases used in this Zoning Code that are technical or
specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with
definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of
this Zoning Code. If a word is not defined in this Chapter, or other provisions of the Municipal Code, the
most common dictionary definition is presumed to be correct.
21.72.020 - Definitions of Specialized Terms and Phrases
The following "land use" definitions are in alphabetical order.
A. Definitions, "A."
Accessory structure. A detached, subordinate building whose use is clearly incidental to that of the
main structure and which does not contain sleeping quarters, a kitchen or storage for commercial
motor vehicles in excess of a three-quarter-ton size.
Adult day care facilities. Facilities of any capacity that provide programs for frail elderly and
developmentally disabled and/or mentally disabled adults in a day care setting. The establishments
shall be licensed by the State of California Department of Social Services.
Adult oriented businesses. As defined in Chapter 5.55 of the Campbell Municipal Code.
Alley. A passageway that affords a secondary means of access to abutting property and not intended
for general traffic circulation.
Alteration, structural. Any change in either the supporting members of a building, such as bearing
walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior
walls.
Alternative fuels and recharging facilities. A commercial facility offering motor vehicle fuels not
customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge
electric powered vehicles.
Ambulance service. A commercial facility where ambulances are stored, and from which
ambulances and emergency personnel are dispatched to emergencies.
Ancillary retail uses serving industrial uses. The retail sales of various products within an
industrial area for the purpose of serving the employees and businesses.
Arcades. Establishments providing three or more arcade machines within an indoor amusement and
entertainment facility. Two or less arcade machines are not considered a land use separate from the
primary use of the site. This land use does not include arcade games or other activities located within
private entertainment facilities.
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Definitions
Artisan products, small-scale assembly. Commercial establishments manufacturing and/or
assembling small products primarily by hand, including jewelry, ceramics, quilts, and other small
glass and metal arts and crafts products.
Assembly use. (see "public assembly use" )
Assisted living facilities. A special combination of housing, supportive services, personalized
assistance, and health care designed to respond to the individual needs of those who need help with
activities of daily living. A facility with a central or private kitchen, dining, recreational, and other
facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains
residential. The facilities shall be licensed by the State of California Department of Social Services.
Automated teller machines (ATM's). A pedestrian-oriented machine used by bank and financial
service patrons for conducting transactions including deposits, withdrawals, and fund transfers,
without contact with financial institution personnel. The machines may be located at or within banks,
or in other locations, in compliance with this Zoning Code.
B. Definitions, "B."
Banks and financial services. Financial institutions including:
.
banks and trust companies
credit agencies
holding (but not primarily operating) companies
lending and thrift institutions
other investment companies
securities/commodity contract brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing agencies
.
.
.
.
.
.
.
See also "Automated teller machine." Does not include check cashing "Check Cashing."
Banquet facilities. A facility or hall available for lease by private parties and engaged in providing
single event-based food services (e.g., graduation parties, wedding receptions, business or retirement
luncheons, trade shows, etc.) The facility may have equipment and vehicles to transport meals and
snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are
included in this industry. Does not include restaurants ("Restaurants").
Basement. A space in a structure that is partly or wholly below grade and where the vertical
distance from grade to a finished floor directly above such space is less than or equal to two
feet. If the finished floor directly above the space is more than two feet above grade at any
point, such space shall be considered a story, and the entire space shall be included in the
calculation of gross floor area. As used in this definition, the term "grade" shall mean finished
grade adjacent to the exterior walls of the structure. Light wells and exterior stairwells for
basements shall meet any required setbacks.
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Definitions
21.72
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When the vertical distance ("A") is less than or equal to 2 feet from grade to the finished floor directly above,
then the space described by "A" and "B" combined is considered a basement.
Figure 6-1
Basement
Bed and breakfast inn. A residential structure with one family in permanent residence with up to
five bedrooms rented for overnight lodging, where meals may be provided. A bed and breakfast room
with more than five guest rooms is considered a hotel or motel. Does not included room rental in a
"boarding house" situation ("Rooming and Boarding Houses").
Beer and wine festival. A fair, exhibition, ceremony, art show, program, celebration, or other public
assemblage of people for the conduct of a festivity involving the sale and consumption of beer or
WIlle.
Blueprinting shop. An establishment primarily engaged in reproducing text, technical drawings,
architectural plans, maps, or other images by blueprinting, photocopying, or other methods of
duplication. Does not include printing and publishing services ("Printing and Publishing") or other
business support services ("Business Support Services").
Bookstore. A retail establishment primarily engaged in the sale, rental, or other charge-for-use of
books, magazines, newspapers, and other printed conveyed information or media, excluding any adult
bookstore selling adult material ("Adult Oriented Businesses").
Building wall height. The vertical distance (to be used for the purpose of determining setbacks) from
the finished grade adjacent to the building to the highest point of the roof surface for a flat roof, top of
the deck line for a mansard roof, top of the plate height for a hipped roof, and the mean height level
between the eave and the ridge for a gabled or gambrel roof.
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
HIPPED ROOF
GABLED ROOF
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Figure 6-2
Building Wall Height
Business support services. Establishments primarily within structures, providing other businesses
with services including maintenance, repair, and service, testing, rental, etc., also includes:
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
business equipment repair services (except vehicle repair)
commercial art and design (production)
computer-related services (rental, repair)
copying and quick printing services
equipment rental businesses within structures
film processing laboratories
heavy equipment repair services where repair occurs on the client sitejanitorial services
mail advertising services (reproduction and shipping)
other "heavy service" business services
outdoor advertising services
photo developing/finishing/printing
protective services (other than office related)
rental, repairs and distribution of office or business equipment
soils and materials testing laboratories
window cleaning
C. Definitions, "C."
Cafe. See "Restaurants."
Caretaker/employee housing. A structure constructed to residential occupancy standards in
compliance with the Uniform Building Code that is accessory to a nonresidential primary use and
required for security, or 24-hour care or supervision.
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Definitions
21.72
Carport. An accessory structure or portion of a main structure designed for the shelter or storage of
automobiles and having a permanent roof and open on at least two sides.
Cat boarding facilities.
commercial purposes.
The keeping of cats for overnight or extended periods of time for
Cat and dog day care facilities. Facilities that provide nonmedical care and supervision of cats
and/or dogs for periods of less than 24 consecutive hours per day. Does not include overnight stays
("Cat Boarding Facilities" or "Dog Boarding Facilities").
Cat and dog grooming facilities. Facilities where cats and dogs are bathed, clipped, or combed for
the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Includes
self-service cat- and dog-washing facilities where the customers provide the labor.
Catering businesses. A use, independent of a restaurant, which involves the preparation and delivery
of food and beverages for off-site consumption.
Catering businesses, ONLY when ancillary to a restaurant. An ancillary use to a restaurant,
which involves the preparation and delivery of food and beverages for off-site consumption. No
additional vehicles or equipment (e.g. outside barbeques) are permitted to be stored on-site.
Cemeteries. Establishments engaged in subdividing property into cemetery lots and offering burial
plots or air space for sale. Also includes animal cemeteries, cinerarium, columbarium, and
mausoleum operations.
Check cashing. A business that serves only to exchange cash or money orders for checks from a
third party.
Chemical products manufacturing. Manufacturing establishments that produce or use basic
chemicals and establishments creating products predominantly by chemical processes.
Establishments classified in this major group manufacture three general classes of products: (1) basic
chemicals including acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in
further manufacture, including dry colors, pigments, plastic materials, and synthetic fibers; and (3)
finished chemical products to be used for ultimate consumption including cosmetics, drugs, and
soaps; or to be used as materials or supplies in other industries, including explosives, fertilizers, and
paints.
Child day care facilities. Facilities that provide non-medical care and supervision of minor children
for periods of less than 24 consecutive hours per day. These facilities include the following, all of
which are required to be licensed by the California State Department of Social Services:
1. Family child day care homes, large. A day care facility located in a residence where an
occupant of the residence provides care and supervision for seven to 12 children. A large family
day care home may provide care for two additional children (up to a maximum of fourteen
children) in compliance with Section 1597.46 of the Health and Safety Code. Children under the
age of 10 years who reside in the home count as children served by the day care facility.
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Definitions
2. Family child day care homes, small. A day care facility located in a single-family residence
where an occupant of the residence provides care and supervision for six or fewer children. A
small family day care home may provide care for two additional children (up to a maximum of
eight children) in compliance with Section 1597.44 of the Health and Safety Code. Children
under the age of 10 years who reside in the home count as children served by the day care
facility.
3.
Commercial child day care centers. A commercial or non-profit child day care facility not
operated as a small or large child day care home. Includes infant centers, preschools, sick child
centers, and school-age day care facilities. These may be operated in conjunction with a
business, school, or religious facility, or as an independent land use.
Clothing products manufacturing. Manufacturing establishments producing clothing, and
fabricating products by cutting and sewing purchased textile fabrics, and related materials including
furs, leather, plastics, and rubberized fabrics. Custom tailors and dressmakers not operating as a
factory and not located on the site of a clothing store ("Retail stores, general merchandise") are
instead included under "Personal services, general."
Columbarium, crematorium, mausoleum.
Columbarium. A structure or building substantially exposed above ground intended to be used
for the interment of the cremated remains of a deceased person or animal.
Crematorium. A location containing properly installed, certified apparatus intended for use in
the act of cremation.
Mausoleum. A structure containing aboveground tombs.
Commercial child day care center. See "Child Care Facilities."
Commercial schools. Business, secretarial, and vocational schools offering specialized trade and
commercial courses. Includes specialized non-degree granting schools offering subjects including:
art, ballet and other dance, drama, driver education, language, trades, vocations, Lamaze, yoga,
martial arts, gyrotonics, computer technologies, and music. Also includes seminaries and other
facilities exclusively engaged in training for religious ministries; and establishments furnishing
educational courses by mail. Also includes personal trainers with more than two clients. Facilities,
institutions, and conference centers are included that offer specialized programs in personal growth
and development (e.g., arts, communications, environmental awareness, fitness, management, etc.).
Community/culturaJJrecreational centers. Multi-purpose meeting and recreational facilities
typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor
barbecue facilities, that are available for use by various groups for activities including dances,
meetings, parties, receptions, exhibits, etc.
Community apartment project. An undivided interest in land coupled with the right to exclusive
occupancy of the apartment located on the land.
Community housing project. Includes any of the following: a condominium development, a
community apartment project, a membership association, or a stock cooperative.
February 2004
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Definitions
21.72
Condominiums. A development where undivided interest in common in a portion of real property is
coupled with a separate interest in space called a unit, the boundaries of which are described on a
recorded Final Map or Parcel Map. The area within the boundaries may be filled with air, earth, or
water, or any combination thereof, and need not be physically attached to any land except by
easements for access and, if necessary, support.
Conservation or natural resource land. Land that possesses or encompasses conservation or
natural resources.
Conservation of natural resource. Includes, but is not necessarily limited to ground water, natural
vegetation, recharge, soils, special land forms, streams, watersheds, and wildlife habitat as defined
below.
Construction equipment rentals. Retail establishments renting heavy construction equipment,
including cranes, earth moving equipment, heavy trucks, etc.
Contractor's equipment yards. Storage yard operated by, or on behalf of a contractor for storage of
large equipment, vehicles, or other materials commonly used in the individual contractor's type of
business; storage of scrap materials used for repair and maintenance of contractor's own equipment;
and structures for uses including offices and repair facilities.
Convalescent/rest homes. Also known as nursing homes, these are facilities licensed by the
California State Department of Health Services. These facilities house one or more individuals in a
single room with bathroom facilities and provide intensive medical and nursing care, including 24-
hour availability of licensed nursing personnel. Residents are often convalescing from serious illness
or surgery and require continuous observation and medical supervision, or will reside in the facility as
a long-term resident. Does not include residential care facilities ("Residential Care Facilities") or
assisted living facilities ("Assisted Living Facilities").
Convenience markets/stores. An establishment that includes the retail sale of food, beverages, and
small personal convenience items, primarily for off-premises consumption and typically found in
establishments with long or late hours of operation and in a relatively small building; but excluding
delicatessens and other specialty food shops and also excluding establishments which have a sizeable
assortment of fresh fruits and vegetables and fresh-cut meat. These stores can be part of a service
station or an independent facility.
Conversion. A proposed change in the ownership of a parcel of land, together with the existing
attached structures, to a community housing project, regardless of the present or prior use of the land
and structures and or whether substantial improvements have been made to the structures.
Conversion, commercial converted from residence. A structure or use originally designed,
constructed, or intended for residential use that is converted to a commercial use.
Conversion, industrial converted from residence. A structure or use originally designed,
constructed, or intended for residential use that is converted to an industrial use.
D. Definitions, "D."
Public Review Draft
6-9
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21.72
Definitions
Dancing and live entertainment. A commercial facility where patrons come to dance to live or
recorded music or simply enjoy entertainment performed by live entertainers. Does not include
Karaoke or juke box.
Density bonuses. A density bonus, as defined by California Government Code Section 65915 et
seq., is an increased residential density of up to 25 percent over the maximum density allowed under
the General Plan Land Use Diagram which is granted to an owner/developer of a housing project
agreeing to construct a prescribed percentage of very low, and/or low income dwelling units and/or
senior housing units.
Department store. A retail store offering a full line of general merchandise items.
Detached. Any structure that does not have a wall and roof in common with another structure.
Dog boarding facilities. The keeping of dogs for overnight or extended periods of time for
commercial purposes. May include ancillary dog grooming for customers.
Drive-in theater. A theater providing a large outdoor movie screen where patrons view the movie
from the comfort of their private motor vehicles.
Dry cleaning. An establishment maintained for the pickup and delivery of dry cleaning and/or
laundry.
Duplex. A residential structure containing two dwelling units designed exclusively for occupancy by
two families living independently of each other.
Dwelling unit. One or more rooms designed, occupied, or intended for occupancy as separate living
quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household. A dwelling unit may not have more than
one kitchen.
E. Definitions, "E."
Electrical transmission line, major. A public utility transmission line utilized for the transmission
of electrical energy for sale to multiple customers (e.g., residential, commercial, industrial,
government, etc.) that cannot be installed underground due to technical constraints, safety constraints,
or industry standards.
Electronics and equipment manufacturing. Establishments engaged in manufacturing machinery,
apparatus, and supplies for the generation, storage, transmission, transformation, and use of electrical
energy, including:
X appliances (e.g., stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners,
sewing machines)
X aviation instruments
X electrical transmission and distribution equipment
X electronic components and accessories, and semiconductors, integrated circuits, related devices
X electronic instruments, components and equipment (e.g., calculators and computers)
X electrical welding apparatus
X lighting and wiring equipment (e.g., lamps and fixtures, wiring devices, vehicle lighting)
X industrial apparatus
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Definitions
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X industrial controls
X instruments for measurement, testing, analysis and control, associated sensors and accessories
X miscellaneous electrical machinery, equipment and supplies (e.g., batteries, x-ray apparatus and tubes,
electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines)
X motors and generators
X optical instruments and lenses
X photographic equipment and supplies
X pre-recorded magnetic tape
X radio and television receiving equipment (e.g., television and radio sets, phonograph records and
surgical, medical and dental instruments, equipment, and supplies)
X surveying and drafting instruments
X telephone and telegraph apparatus
X transformers, switch gear and switchboards
X watches and clocks
Does not include testing laboratories (soils, materials testing, etc.)
Emergency shelter. A facility that provides families or individuals with emergency overnight
shelter, food, shower, clothes, and all other services critical to the day-to-day needs of shelter
residents. Case managers and shelter workers provide assistance in the successful attainment of
permanent housing including housing location assistance, housing counseling, and educational
services.
Equipment rental establishments. Service establishments which offer a wide variety of materials
and equipment for rent, including business equipment (e.g., computers, copiers, desks, projectors,
etc.) and equipment and supplies for parties and other social events (e.g., chairs, fountains, glassware,
linens, tables, etc.), all available within an enclosed structure.
F. Definitions, "F."
Family. An individual, or two or more persons related by blood or marriage, or a group of not more
than five persons (excluding servants) not related by blood or marriage, living together as a single
housekeeping unit in a dwelling unit. .
Family child care homes, small and large. See "Child Day Care Facilities."
Fence. An artificially constructed barrier of wood, masonry, stone, wire, metal, or other
manufactured material or combination of materials erected to enclose, screen, or separate areas that
does not contain any horizontal feature.
Floor area, gross. The total horizontal floor area in square feet of all stories of all buildings
measured to the outside surface of exterior walls. Stairways and elevator shafts shall be included on
all floors.
Floor area ratio. The ratio of gross floor area to the net lot area. Floor area ratio shall include the
floor area of all stories of all buildings and accessory structures and shall be measured to the outside
surface of exterior walls. Floor area ratio does not include uninhabitable attic space, basements,
below-grade parking, unenclosed accessory structures (e.g., trellis) and covered porches.
Public Review Draft
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February 2004
21.72
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
I Floor
Coverage
In a zone district with
a maximum FAR or
0.50, the maximum
allowable floor area of
a builcling on a 40.000
sq. ft 101 would be
20,000 sq. ft. (20,000
sq, ft. clivided by 40.000
sq. fL equals .50).
4 Floors
~
~~~
~\ß'
-LoIWidth-
NarE: Variations may occur if upper floors are stepped back from ground level!ol coverage.
Gross Building Area (All Floors)
Floor Area Ratio (FAR) =
Lot Area
Figure 6-3
Floor Area Ratio
Food and beverage product manufacturing. Manufacturing establishments producing or
processing foods and beverages for human consumption, and certain related products. Includes:
x
X
X
X
X
X
X
X
X
X
X
X
X
X
alcoholic beverages
bakeries
bottling plants
breweries
candy, sugar and confectionery products manufacturing
catering services separate from stores or restaurants
coffee roasting
dairy products manufacturing
fats and oil product manufacturing
fruit and vegetable canning, preserving, related processing
grain mill products and by-products
meat, poultry, and seafood canning, curing, byproduct processing
miscellaneous food item preparation from raw products
soft drink production
Also may include tasting and accessory retail sales of beverages produced on site
Fourplex. A single structure for four living units that are independent of each other with each one
having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming
and Boarding Houses."
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Frontage. All the property fronting on one side of a street between intersecting or intercepting
streets, or between a street and a right-of-way, waterway, and/or dead-end street, or city boundary,
measured along the street line. An intercepting street shall determine only the boundary of the
frontage on the side of the street that it intercepts.
Furniture/cabinet shops. Manufacturers producing: wood and metal household furniture and
appliances; bedsprings and mattresses; all types of office furniture and partitions, lockers, shelving
and store furniture; and miscellaneous drapery hardware, window blinds and shades. Also includes
wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber
and wood products."
Furniture, furnishings, and equipment stores. Retail stores primarily selling: home furnishings
including draperies, floor coverings, furniture, glass and chinaware, refrigerators, stoves, other
household electrical and gas appliances including televisions and home sound systems and outdoor
furniture including lawn furniture, spas, and hot tubs. Also includes the retail sale of office furniture
and pianos.
G. Definitions, "G."
Garage, private. An accessory building or portion of the main building designed for the shelter or
storage of automobiles having a permanent roof and enclosed on all sides.
Garage, public. A building other than a private garage used for the shelter or storage of automobiles.
Garage/yard sale, private. A sale held for the purpose of selling, trading, or otherwise disposing of
household furnishings, personal goods, or tangible property of a resident of the premises on which the
sale is conducted on a residential property. The annual frequency and maximum number of days for
garage sales are regulated by Section 21.36.090 (Garage and Private Yard Sales).
Garden centers/plant nurseries. Commercial agricultural establishments engaged in the production
of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores
selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses.
The sale of houseplants or other nursery products entirely within a building is also included under
"Retail stores, general merchandise." Home greenhouses are included under "Accessory Uses and
Structures. "
Gasoline stations. A retail business selling gasoline or other motor vehicle fuels, which may also
provide very limited motor vehicle repair and maintenance that are incidental to fuel services. Does
not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender
work, or the rental of vehicle storage or parking spaces. Includes alternative fuels and recharging
facilities which are commercial facilities offering motor vehicle fuels not customarily offered by
commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles.
Glass products manufacturing. Manufacturing establishments producing flat glass and other glass
products which are blown, pressed, or shaped from glass produced in the same establishment. Also
includes large-scale artisan and craftsman type operations producing primarily for the wholesale
market.
Public Review Draft
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February 2004
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
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Definitions
Golf courses. Public and private golf courses, with or without country clubs, and accessory facilities
and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges
(driving ranges separate from golf courses are instead classified under "Golf driving ranges"); "pro-
shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities. Does not
include miniature golf courses ("Miniature Golf Course").
Golf driving ranges. Public and private facilities providing an opportunity for driving golf balls and
practicing one's golf swing. May be a separate stand-alone facility or in conjunction with a golf
course.
Government offices and facilities. Facilities owned or operated by a governmental entity (e.g., City,
County, State, or Federal government).
Grade, finished. The final elevation of the ground surface after completion of construction on the
site.
Grade, natural. The elevation of the ground surface in its natural state, prior to any disturbance
related to construction on the site.
Grocery stores. An establishment which sells staple food items (e.g., coffee, sugar, flour, etc.) and
usually meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household supplies
(e.g., soap, matches, paper napkins, etc.); a minor portion of the food sold may be processed on site
(e.g., deli or bakery services). Food stores specializing in a single type of these items (e.g., candy
stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores.
Gross floor area. See "Floor Area, Gross."
Gross lot area. See "Lot area, Gross."
Groundwater recharge facilities. A public facility or place that is part of or supports the local,
regional, or State water distribution, supply, or treatment system and where water is allowed to collect
in order to recharge the underground water supply.
H. Definitions, "H."
Half story. See "Story, half."
Handicraft industries, small scale assembly. Manufacturing establishments not classified in
another major manufacturing group, including: jewelry, musical instruments, pens, pencils, sporting
and athletic goods, toys, and other artists' and office materials; brooms and brushes, buttons, costume
novelties, and other miscellaneous small-scale manufacturing industries.
Hardware store. A facility of 10,000 or fewer square feet gross floor area, primarily engaged in the
retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical
supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery; if a
facility is greater than 10,000 square feet, it is a building materials supply store/yard ("Building
Materials Stores/Y ards").
February 2004
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
21.72
Hazardous material. A material that can be harmful to human health and to the environment if
handled improperly. A material can be considered hazardous if it exhibits one of the following
characteristics:
1.
Ignitability: A material that is determined to be flammable under certain conditions.
2.
Corrosivity: A material that corrodes metals or has a very high or low pH.
3.
Reactivity: A material that readily explodes or undergoes violent reactions.
4.
Toxicity: A material that is known to be harmful or fatal when ingested and is known to
leach into ground water at certain levels. For example, materials with high levels of arsenic,
lead, or mercury.
Health/fitness centers. Fitness facilities, gymnasiums, health and athletic clubs including indoor
sauna, spa, or hot tub facilities; handball, indoor tennis, racquetball, and other indoor sports activities.
Historic structure. A structure listed on the City's Historic Resources Inventory.
Hobby car restoration. An activity in which resident owners engage in the restoration or
modification of a motor vehicle and in compliance with the provisions of Section 21.36.100 (Hobby
Car Restoration).
Hollywood drive. A type of driveway that consists of two strips of concrete or similar material
leading from the street to an accessory garage or carport. The strips of concrete may be separated by
turf or other similar vegetation that can be maintained at a very low height or by mulch, gravel, or
similar decorative landscaping material. The strips are spaced approximately the width of a passenger
vehicle's tires.
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Figure 6-4
Hollywood Drive
Public Review Draft
6-15
February 2004
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
21.72
Definitions
Home occupations. An accessory business conducted in a residential dwelling unit, only by
residents of the unit, in a manner clearly incidental to the residential character of the site and
surrounding neighborhood, and in compliance with the provisions of Chapter 21.44 (Home
Occupation Permits).
Hospitals. An institution, designed within an integrated campus setting for the diagnosis, care, and
treatment of human illness, including surgery and primary treatment.
Hotels. Guest rooms or suites, provided with or without meals or kitchen facilities, rented to the
general public for overnight or other temporary lodging (for up to 30 days). Access to the individual
guest rooms are generally from an interior hallway. Also includes accessory guest facilities
(including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis
courts).
I.
Definitions, "I."
Indoor amusement/entertainment/recreation centers. Indoor establishments providing
amusement/entertainment/recreation services for a fee or admission charge, including: arcades
emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance
halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than
being subordinate to a bar or restaurant; ice skating, and roller skating; skateboard ramps, and
trampoline centers. Does not include "Adult Oriented Businesses" which is separately defined.
J. Definitions, "J."
Junkyard. The use of more than 100 square feet of the area of a lot for the storage of junk, including
scrap materials and metals, or wrecked or inoperable vehicles and machinery, whether or not sale of
junk is made or proposed.
K. Definitions, "K."
Kitchen facilities. Any room or area designed, intended, or used for the cooking and preparation of
food with appliance(s) for cooking or heating food or beverages, such as a stove, oven, microwave,
toaster, or hot plate, installed (either temporarily or permanently).
L. Definitions, "L."
Laboratories. An establishment providing medical or dental laboratory services; or an establishment
providing photographic, analytical, or testing services.
Late night activities. Land use activities that are open to the public and operating between the hours
of 11:00 p.m. and 6:00 a.m. Includes all ancillary activities such as janitorial services, street and
parking lot sweeping, deliveries, etc.
Laundries/dry cleaning plants. Service establishments engaged primarily in high volume laundry
and garment services, including: power laundries (family and commercial), carpet/rug and
upholstery cleaners, diaper service, garment pressing and dry cleaning, industrial laundries, and linen
supply. Does not include "laundromat, self-service" or "dry cleaning."
February 2004
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
21.72
Laundromat, self-service. An establishment that provides washing, drying, and/or ironing machines
for hire to be used by customers on the premises.
Library. A public facility for the use, but not sale, or literary, musical, artistic, or reference
materials.
Light rail lines. Permanent light rail tracks that service the Valley Transportation Authority (VT A)
light rail system and links Campbell to several other cities in the south bay, including Santa Clara,
San Jose and Mountain View.
Light rail passenger terminals. Passenger terminals that provide rider access to the Valley
Transportation Authority (VT A) light rail system and links Campbell to several other cities in the
south bay, including Santa Clara, San Jose and Mountain View.
Limited equity housing cooperative. As defined in California Health and Safety Code Section
33007.5).
Liquor establishments. A retail activity that is primarily devoted to the selling of alcoholic
beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for
consumption on the premises.
Liquor stores. A retail activity that is primarily devoted to the selling of alcoholic beverages,
including beer and wine, for consumption off the premises.
Live/work units. A structure that is intended to function predominantly as workspace with
incidental residential accommodations that meet basic habitability requirements. Live/work units are
intended to be occupied by business operators who live in the same structure that contains the
business activity.
Living Unit. A room or group of internally connected rooms that have sleeping, cooking, eating and
sanitation facilities, but not more than one kitchen, which constitutes an independent living unit.
Loading area. An open area, other than a street or alley, used for the loading or unloading of
vehicles.
Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group
of buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lodging houses. A structure or a portion of a structure, other than a hotel or motel, where lodging
for five or more persons is provided for compensation. Also includes rooming houses ("Rooming and
Boarding Houses").
Lot. Any land occupied or to be occupied by a building, or unit group of buildings, and accessory
buildings together with such yards and/or open spaces and lot area as are required by this Zoning
Code, and having its principal frontage upon a street, or a place approved by the Planning
Commission. "Lot" includes "plot."
Public Review Draft
6-17
February 2004
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
21.72
Definitions
Lot, corner. A lot or parcel of land abutting upon two or more streets at their intersection, or upon
two parts of the same street forming an interior angle of less than 135 degrees.
Lot, cul-de-sac. A lot at the end of a dead end street.
Lot, flag. A lot having access from the building site to a public street by means of a narrow private
strip of land that is owned in fee.
Lot, interior. A lot other than a corner lot.
Lot, through. A lot having frontage on two parallel or approximately parallel streets.
i i I I
--- --. t';-------1 c~~e_s~:;t--'--I-'--
------------j' "~ I Lot Flag Lot
Interior Lot , "
I
i ---------_.
______L___- ----,------,.. -----------
Through Lot
--------Icorner Lo-:-
I
---------!-----..--------------
I
Comer I I Key Lot Reverse
Lot I. I ~ CornerLot
ntenor I I
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---- r-~ -----+-----1-----1----
Figure 6-5
Lot Types
Lot area, net. The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot area, gross. The total area within the lot lines of a lot, plus that area between the centerline of
adjacent public streets and the property lines.
Lot coverage. The horizontal area measured within the outside of the exterior walls on the ground
floor of all principle and accessory structures on a lot, excluding covered porches.
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Public Review Draft
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
21.72
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coverage
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coverage
Figure 6-5
Lot Coverage
Lot depth. The horizontal distance between the front and rear lot lines, measured along the median
between the two side lot lines.
Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot
depth at a point midway between the front and rear lot lines. The Community Development Director
shall determine the lot width for parcel of irregular shape.
; /
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Width / .
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Line ./'.!
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Figure 6-7
Lot Lines and Lot Areas
Public Review Draft
6-19
February 2004
CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
21.72
Definitions
Lumber and wood products. Manufacturing, processing, and sales uses involving the milling of
forest products to produce rough and finished lumber and other wood materials for use in other
manufacturing, craft, or construction processes. Also includes the following processes and products:
. containers, pallets and skids
. milling operations
. trusses and structural beams
. turning and shaping of wood products
. wholesaling of basic wood products
. wood product assembly
Craft-type shops are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood
and cabinet shops are included under "Furniture/Cabinet Shops." The indoor retail sale of building
materials, construction tools and equipment is included under "Building Material Stores/Yards."
M. Definitions, "M."
Machinery manufacturing. The manufacturing of machinery and equipment for purposes and
products including the following:
X construction
X conveyors
X die casting
X dies
X dredging
X engines and turbines
X farm and garden
X food products manufacturing
X gear cutting
X heating, ventilation, air conditioning
X industrial molds
X laundry and dry cleaning
X materials handling
X mining
X paper manufacturing
X passenger and freight elevators
X pistons
X printing
X pumps
X refrigeration equipment
X textile manufacturing
Main Structure. A structure that accommodates the primary use of the site.
Major electrical transmission line. See "Electrical Transmission Line, Major."
Manufactured housing. A housing unit that is either wholly or partially constructed or assembled
off the site in compliance with California Health and Safety Code Section 18551, and certified under
the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.c.
Sections 5401 et seq.).
February 2004
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CAMPBELL MUNICIPAL CODE - TITLE 21, ZONING CODE
Definitions
21.72
Marine sales. Retail establishments selling and/or renting new and/or used boats, and associated
marine equipment (e.g., jet skis, trailers, etc.) Also includes parts sales or service facilities only when
part of a dealership selling new marine equipment on the same site.
Massage establishment. An establishment having a fixed place of business where any person, firm,
association, or corporation practices or otherwise permits massage for compensation. "Massage
establishment" shall include any establishment providing off-premises massage services and
establishments that offer services such as relaxation, hot tub, towel wraps, baths, health treatments,
tanning, or any service where the essential nature of the interaction between the employee and the
customer involves a massage.
Massage therapy. Therapeutic (non-sexual) rubbing or kneading of parts of non-specified
anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed
professional.
Medical services, clinics. Facilities primarily engaged in furnishing outpatient medical, mental
health, surgical, and other personal health services. These include: medical, dental, and psychiatric
offices (counseling services by other than medical doctors or psychiatrists are included under
"Offices"); outpatient care facilities; emergency room services; and allied health services.
Associations or groups primarily engaged in providing medical or other health services to members
are included.
Medical services, extended care. Residential facilities providing nursing and health-related care as a
principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for
physically or mentally disabled persons, where care is less than that provided by an acute care
facility); extended care facilities; board and care homes. Long-term personal care facilities that do
not emphasize medical treatment are classified in "Residential care homes."
Medical services, laboratories.
laboratory services.
Facilities primarily engaged in furnishing medical and dental
Meeting halls. See "Public assembly uses."
Membership organization facilities. Permanent, headquarters-type and meeting facilities for
organizations operating on a membership basis for the promotion of the interests of the members,
including facilities for: business associations, civic and social organizations, labor unions and similar
organizations, political organizations, private clubs, professional membership organizations, private
clubs, and other membership organizations.
Metal products fabrication. The assembly of metal parts, including blacksmith and welding shops,
machine shops, sheet metal shops, and boiler shops, that produce metal duct work, cabinets and
enclosures, metal doors and gates, tanks, towers, and similar products.
Miniature golf course. A theme-oriented recreational facility, typically comprised of nine or 18
putting greens, each with a "cup" or "hole", where patrons in groups of one to four pay a fee to move
in consecutive order from the first hole to the last.
Mixed-use developments. A combination of uses in a single building or on a single lot that contain
residential and commercial uses that are part of an integrated development project with a significant
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functional inter-relationship. Residential and commercial uses may be mixed horizontally or
vertically provided they are on a single parcel.
Mobile home parks. Any site that is planned and improved to accommodate two or more mobile
homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or
held out for rent or lease, or were formerly held out for rent or lease and later converted to a
subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile
homes used for residential purposes.
Monastery, convent, parsonage, or nunnery.
Monastery, convent, or nunnery. The dwelling units of a religious order or congregation.
Parsonage. The official residence usually provided by a religious institution for its minister,
parson, rabbi, etc..
Mortuaries or funeral parlors. Establishments where deceased are prepared for burial or cremation,
and funeral services may be conducted. Includes crematoriums, funeral homes, and funeral parlors.
Motels. Guest rooms or suites, provided with or without meals or kitchen facilities, rented to the
general public for overnight or other temporary lodging (for up to 30 days). Access to the individual
guest rooms are generally from an exterior walkway. Also includes accessory guest facilities
(including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis
courts).
Motor vehicle related land uses.
1.
Motor vehicle cleaning, washing, and detailing. Facilities specializing in the cleaning,
washing, detailing and polishing of motor vehicles.
2.
Motor vehicle dismantling. Customarily outdoor establishments primarily engaged in
assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or
reusable scrap and waste materials, including wreckers engaged in dismantling motor
vehicles for scrap and the incidental wholesale or retail sales of parts from vehicles.
Includes light and heavy processing facilities for recycling. Does not include: places where
these activities are conducted entirely within structures; pawnshops and other secondhand
stores; or the sale of operative used cars.
3.
Motor vehicle leasing. Retail establishments leasing motor vehicles (e.g., automobiles,
trucks and vans).
4.
Motor vehicle oil change facilities. These facilities are limited to performing only oil
changes and very limited incidental maintenance and only on light duty motor vehicles (e.g.,
automobiles, light duty trucks and vans).
5.
Motor vehicle painting. Motor vehicle repair facilities dealing with entire vehicles, but
only within a completely enclosed and soundproofed structure. These establishments
customarily provide towing, collision repair, other body work, and painting services.
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6.
Motor vehicle parking facilities. Includes short-term commercial garages, parking lots,
and structures, except when accessory to a primary use. (All primary uses are considered to
include any customer or public use off-street parking required by the Zoning Code.)
7.
Motor vehicle parts and supplies. Retail stores that sell new motor vehicle parts, tires,
and accessories. May also include very limited vehicle maintenance and parts installation
connected with the retail sales.
8.
Motor vehicle renting. Retail establishments renting motor vehicles (e.g., automobiles,
trucks, recreational vehicles and vans).
9.
Motor vehicle repair and maintenance, minor and major. Major vehicle repair facilities
deal with the entire vehicle; minor repair facilities generally specialize in limited aspects of
repair (e.g., muffler and radiator shops, tire shops.) All repair activities (minor and major)
are conducted within a completely enclosed and soundproofed structure. Does not include:
motor vehicle dismantling yards which are included under "Motor vehicle dismantling. II
10. Motor vehicle repair and maintenance, minor only. Minor repair facilities generally
specialize in limited aspects of repair (e.g., muffler and radiator shops, oil change shops,
smog shops, tire shops, tune up shops, window tinting.) All repair activities are conducted
within a completely enclosed and soundproofed structure. Does not include: motor vehicle
dismantling yards which are included under "Motor vehicle dismantling."
11. Motor vehicle sales. Retail establishments selling new and/or used motor vehicles (e.g.,
automobiles, trucks, and vans). May also include service and repair shops and the sales of
parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership.
12. Motor vehicle tune-up. See "Motor vehicle repair and maintenance, minor only."
13. Motor vehicle tune-up, limited to light duty only. See "Motor vehicle repair and
maintenance, minor only;" however, these shops are limited to performing only tune ups
and only on light duty motor vehicles (e.g., automobiles, light duty trucks and vans).
14. Motor vehicle window tinting. See "Motor vehicle repair and maintenance, minor only."
Museums, public. Public facilities including aquariums, arboretums, art exhibitions, botanical
gardens, historic sites and exhibits, museums, and planetariums, which are generally non-commercial
in nature.
Music (recordings) store. An establishment primarily engaged in retailing new prerecorded audio
and video tapes, compact discs (CDs), digital video discs (DVDs), and phonograph records.
N. Definitions, "N."
Nature preserves. Areas intended to remain in a predominately natural or undeveloped state to
provide resource protection and possible opportunities for passive recreation and environmental
education for present and future generations.
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Nightclubs. Commercial establishments, with or without food service, providing opportunities for
dancing, music, and other related forms of entertainment, including cabarets. These establishments
may be part of a restaurant, where the food service is subordinate to the dancing and entertainment.
Nonconforming building. A building or structure the size, dimensions, or location of which was
lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails by reason of
such adoption, revision, or amendment, to conform to the present requirements of this Zoning Code.
Nonconforming use. A use or activity which was lawful prior to the adoption, revision, or
amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment,
to conform to the use regulations for the zoning district in which it is located. (Ord. 1617 Sl(part),
1986).
Nuisance per see An activity that in and of itself is inherently considered to be a nuisance. Examples
of activities that are nuisances per se include water pollution by discharge, structures which amount to
a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement, and illegal
signs. See "Public Nuisance."
O. Definitions, "0."
Offices, professional. Professional or government offices including:
. administrative
. accounting, auditing and bookkeeping services
. advertising agencies
. architectural, engineering, planning, and surveying services
. attorneys
. counseling services
. court reporting services
. data processing and computer services
. detective agencies and similar services
. educational, scientific and research organizations
. employment, stenographic, secretarial and word processing services
. insurance agencies
. government offices including agency and administrative office facilities
. management, public relations and consulting services philanthropic enterprises
. philanthropic enterprises
. photography and commercial art studios
. public utilities
. real estate services
. travel agencies
. writers and artists offices outside the home
Does not include: medical offices, which are allowed under "Medical services - clinics", financial
institutions, or offices that are incidental and accessory to another business or sales activity that is the
principal use. Incidental offices that are customarily accessory to another use are allowed in any non-
residential zoning district as part of an approved principal use.
Oil change facilities. See "Motor vehicle oil change facilities."
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Open space. That portion of a lot or property which is required to be open and unobstructed by
structures, except as specifically provided by law, from the ground to the sky.
Open space, required for multiple-family dwelling units. A private or common space serving
multiple-family dwelling units that is specifically designed for recreational use, whether active or
passive, and shall not be occupied by driveways, parking spaces, or walkways between structures.
Open space, usable private. The area shall exclude the required front setback between the structure
and the street property line. The open space area may be occupied by recreation facilities (e.g., deck,
patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and
not covered by a roof or canopy.
Open space land. Any parcel or area of land essentially unimproved in its natural state; devoted to
an open space use; and which is designated in the Open Space Element in the General Plan for open
space.
Open Space zoning district. Any area of land or water designated O-S (Open Space) and subject to
all of the terms and regulations of this Zoning Code.
Open space use. The use of land for:
1.
Containment and structuring of urban development;
2.
Conservation or use of natural resources;
3.
Enjoyment of scenic beauty;
4.
Production of food or fiber;
5.
Protection of man and his artifacts (property, structures, etc.); and
6.
Public recreation.
Outdoor "active" activities. An accessory activity to an allowed commercial retail or service land
use that is active in nature (e.g., drive-up windows, sales stations, etc.)
Outdoor amusement/entertainment/recreation centers. Facilities for various outdoor participant
sports, entertainment, and most types of recreational activities where a fee is charged for use,
including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses
(golf courses are included under the definition of "Golf courses"); skateboard ramps and parks and
water slides; recreation equipment rental (for example, bicycles, roller skates); health and athletic
clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also
include commercial facilities customarily associated with the above outdoor commercial recreational
uses, (e.g., bars and restaurants [both table service and counter service], and video game arcades.)
Outdoor retail sales and activities. Permanent outdoor sales and rental establishments including
auction yards, flea markets, flower stands, lumber and other material sales yards, newsstands, outdoor
facilities for the sale or rental of vehic1es/equipments, and other uses where the business is not
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conducted entirely within an enclosed structure.
recreational vehicles ("Motor Vehicle Sales").
Does not include the sale of automobiles and
Outdoor seating. An outdoor dining area provided by a restaurant for its customers that is furnished
with tables, chairs, umbrellas, and other items necessary for the consumption of food and beverages
served by the restaurant, either with or without waiter service.
Outdoor storage. The storage of various materials, including contractors' equipment, outside of a
structure other than fencing, either as an accessory or principal use, suitably screened from public
view, but not within 50 feet of a residentially zoned parcel.
P. Definitions, "P."
Paper products manufacturing. The manufacture of paper and paperboard, from both raw and
recycled materials, and their conversion into products including boxes, envelopes, paper bags,
wallpaper, etc.
Parking lots/structures, public. Service establishments in the business of storing operative cars,
buses, recreational vehicles, trucks, vans, and other motor vehicles for clients. Includes day use
commercial garages, parking lots and structures, except when accessory to a primary use. (All
primary uses are considered to include any customer or public use off-street parking required by the
Zoning Code.) Also includes sites where vehicles are stored for rental or leasing.
Parking space. An area off the street or highway for the temporary storage of an automobile or other
motor vehicle. A parking space shall not include space needed for driveway or loading area.
Parks, public. Includes public parks, play lots, playgrounds, and non-professional! noncommercial
athletic fields, including park and playground equipment, accessory structures, and facilities.
Personal services. Establishments providing non-medical services as a primary use, including:
.
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
laundromats (self-service laundries)
nail shops
shoe repair shopstailors
.
.
.
.
.
.
These uses may also include accessory retail sales of products related to the services provided. These
uses do not include body piercing, psychic readers, tattoo parlors, or any of the other uses listed under
"Personal services, limited."
Personal services, limited. Establishments providing nonmedical services of a very limited and
restricted nature as a primary use, including body piercing, palm readers, psychic readers, and tattoo
parlors.
Pet store. A retail sales establishment primarily engaged in the sale of domestic animals, such as
dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals.
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Pharmaceutical manufacturing. Establishments engaged in the production of drugs and related
therapeutical products for distribution to clinics, hospitals, medical-related facilities, and pharmacies
drug stores.
Pharmacies/drug stores. A retail store where a licensed pharmacist prepares prescription medicines
for sale, which may also sell over-the-counter medicines, personal care products, and other
miscellaneous products.
Pharmacies/drug stores, with drive-up service. See APharmacies/drug stores;@ however these
facilities sell their products either through over-the-counter sales or drive-up window service.
Philanthropic enterprise. An organization or institution engaged in collecting donations of money,
goods, or services in order to provide humanitarian or charitable assistance.
Philanthropic collection trailer. A portable trailer that is parked on private property for the purpose
of collecting donations of household goods (e.g., clothing, books, toys, furniture, kitchen utensils,
bedding, lamps, rugs, etc.) from area residents. An attendant from the sponsoring philanthropic
enterprise is usually present at the trailer during prescribed hours to assist donors in placing their
donations in the trailer, to dispense tax receipts, and to maintain the cleanliness of the area
surrounding the trailer.
Photocopying. An establishment (except private mail centers) engaged in providing a range of office
support services (except printing services), such as document copying services, facsimile services,
word processing services, on-site PC rental services, and office product sales.
Photography studio/supply shop. An establishment primarily engaged in providing still, video, or
digital portrait photography services. Also an establishment primarily engaged in either retailing new
cameras, photographic equipment, and photographic supplies or retailing new cameras and
photographic equipment in combination with activities, such as repair services and film developing.
Plastics and rubber products. The manufacture of rubber products including: rubber footwear;
mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or
reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade,
and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass
application services.
Primary dwelling unit. A building that is the principle use of the lot on which it is situated.
Printing and publishing. Establishments engaged in printing by gravure, letterpress, lithography,
offset, screen, or other common process, including electrostatic (xerographic) copying and other
"quick printing" services; and establishments serving the printing trade including bookbinding,
electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes
establishments that publish books, newspapers, and periodicals; and establishments manufacturing
business forms and binding devices.
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Public assembly uses. A facility or place where groups of people gather for civic, educational,
political, religious, or social purposes. Public assembly uses include the following:
.
Auditoriums
Conference centers
Convention and exhibition halls
Lecture halls
Meeting halls
Religious institutions
.
.
.
.
.
Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or
concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include
"Adult Oriented Businesses."
Public nuisance. An act or omission that interferes with the interests of the community or interferes
with the public health, safety, and welfare. A public nuisance affects an entire community or
neighborhood, or any considerable number of persons at the same time, although the extent of the
annoyance or damage inflicted upon individuals may be unequal. California Civil Code Section 3480.
Public utility structures and service facilities. Fixed-base structures and facilities serving as
junction points for transferring utility services from one transmission voltage to another or to local
distribution and service voltages. These uses include any of the following facilities that are not
exempted from land use permit requirements by Government Code Section 53091:
.
corporation and maintenance yards.
electrical substations and switching stations
natural gas regulating and distribution facilities
public water system wells, treatment plants and storage
service uses/structures
telephone switching facilities
wastewater treatment plants, settling ponds and disposal fields
.
.
.
.
.
.
Public works maintenance facilities and storage yards. Publicly owned or operated structures and
open storage yards designed to accommodate motor vehicles, construction equipment, and the storage
of materials used by the governmental agency. Also includes enclosed structures designed to
warehouse space parts and service the above listed equipment.
Q. Definitions, "Q."
R. Definitions, "R."
Radio or television transmitter. Usually a tall, fabricated structural metal tower designed and
equipped to receive and transmit radio and television signals.
Radio station. A commercial facility that serves as the base-of-operations for an on-air radio
broadcasting company. These facilities may also contain administrative offices and equipment of the
type and scale customarily associated with wireless telecommunications facilities.
Recreation land. Any area of land or water suitable for recreational purposes.
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Recycling facilities. This land use type includes a variety of facilities involved with the collection,
sorting, and processing of recyclable materials. Typically a center for the collection and/or
processing of recyclable materials. A "certified" recycling or processing facility is certified by the
California Department of Conservation as meeting the requirements of the California Beverage
Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage
containers located on a residentially, commercially, or industrially designated site used solely for the
recycling of material generated on the site.
1. Collection facilities (large and small). A center where the public may donate, redeem, or
sell recyclable materials, which may include the following, where allowed by the applicable
zoning district:
a. Large collection facilities which occupy an area of more than 350 square feet and/or
include permanent structures.
b. Small collection facilities which occupy an area of 350 square feet or less and may
include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying
more than 50 square feet; and
(3) Kiosk-type units which may include permanent structures.
c. Reverse vending machine(s);
2. Processing facilities. A structure or enclosed space used for the collection and processing of
recyclable materials for shipment, or to an end-user's specifications, by means of baling,
briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting,
remanufacturing, and shredding. Processing facilities include the following types:
a. Light processing facility occupies an area of under 45,000 square feet of collection,
processing, and storage area, and averages two outbound truck shipments each day.
Light processing facilities are limited to baling, briquetting, compacting, crushing,
grinding, shredding, and sorting of source separated recyclable materials sufficient to
qualify as a certified processing facility. A light processing facility shall not bale,
compact, or shred ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing
facility.
3. Recycling or recyclable material. Reusable domestic containers and other materials which
can be reconstituted, remanufactured, or reused in an altered form, including glass, metals,
paper, and plastic. Recyclable material does not include refuse or hazardous materials.
4. Reverse vending machines. An automated mechanical device which accepts at least one or
more types of empty beverage containers and issues a cash refund or a redeemable credit slip
with a value not less than the container's redemption value, as determined by State law.
These vending machines may accept aluminum cans, glass and plastic bottles, and other
containers.
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A bulk reverse vending machine is a reverse vending machine that is larger than 50 square
feet, is designed to accept more than one container at a time, and issues a cash refund based
on total weight instead of by container.
Repair and maintenance, consumer products. Service establishments where repair of consumer
products is the principal business activity, including: electrical repair shops; furniture repair;
television and radio and other appliance repair; reupholstery; and watch, clock and jewelry repair.
Does not include shoe repair (included under "Personal services, general"). Does not include heavy
equipment repair businesses, which are included under "Business support services."
Research and development. Indoor facilities for scientific research, and the design, development,
and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of
product manufacturing, that are not associated with a manufacturing facility on the same site.
Includes chemical and biotechnology research and development. Does not include computer software
companies, soils and other materials testing laboratories, or medical laboratories.
Residential care homes, small (serving 6 or fewer persons). A facility licensed by the State of
California where care, services, or treatment is provided to persons living in a community residential
setting. The facilities are designed for and limited to six or fewer residents and are usually housed in
a private residential home setting.
Residential care homes, large (serving 7 or more persons). A facility licensed by the State of
California where care, services, or treatment is provided to persons living in a community residential
setting. The facilities are designed for seven or more residents and are usually housed in a private
residential home setting.
Residential service facility, small (6 or fewer). A residential facility, other than a residential care
facility or single housekeeping unit, where the operator receives compensation for the provision of
personal services, in addition to housing including protection, supervision, assistance, guidance,
training, therapy, or other nonmedical care.
Residential service facility, large (7 or more). A residential facility, òther than a residential care
facility or single housekeeping unit, where the operator receives compensation for the provision of
personal services, in addition to housing including protection, supervision, assistance, guidance,
training, therapy, or other nonmedical care.
Residential recreational facilities, private. Playground equipment, swimming pools and spas,
tennis and other sport courts, and similar facilities and accessory structures that are operated for the
residents of a specific residential development and their invited guests, and are not open to the general
public. Does not include these facilities for individual homes, which are defined as "Accessory uses
and structures."
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Restaurants:
1. Restaurants, fast food. Establishments whose primary business is the sale of food and
beverages to customers for consumption on-site or off-site. Customarily less than 50 percent
of the total gross floor area is used for customer seating. Interior furnishings include
standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather
than made to order. Plates and cutlery are disposable. Condiment bars and trash disposal are
self-service. Drive-in or drive-through facilities may be allowed in compliance with Article
2, (Zoning Districts). Fast food restaurants have a higher turnover rate than standard
restaurants.
2. Restaurants or cafes. Establishments whose primary business is the sale of food and
beverages to customers for their consumption within the restaurant or restaurant patio area.
Customarily at least 50 percent of the total gross floor area is used for the seating of
customers. The restaurant may be open for breakfast, lunch, and/or dinner. Alcoholic
beverages and carry-out food service are allowed if they are incidental to the primary purpose
of consumption of food and beverages in the restaurant.
3. Restaurants, standard. Any establishment whose principal business is the sale of foods,
desserts, or beverages to the customer in a ready-to-consume state, and whose design or
principal method of operation includes one or both of the following characteristics:
(a) Customers, normally provided with an individual menu, are served their foods, desserts,
or beverages on tableware by a restaurant employee at the same table or counter at which
said items are consumed.
(b) A cafeteria-type operation where foods, desserts, or beverages generally are consumed
within the restaurant building.
Retail stores, general merchandise. Retail trade establishments selling many lines of merchandise.
These stores and lines of merchandise include:
.
art stores! galleries
antiques
artists'supplies
bakeries (retail only)
boat supplies
beauty supply
bicycles
cameras and photographic supplies
candy stores
clothing and accessories
collectibles
drug and discount stores
fabrics and sewing supplies
florists and houseplant stores (indoor sales only--outdoor sales are "garden centers/plant nurseries")
gifts, novelties and souvenirs
delicatessens
handcrafted items (stores may include crafting preparations subordinate to retail sales)
hobby materials
jewelry
luggage and leather goods
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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. meat market
. newsstands
. orthopedic supplies
. photography studio/supply shops
. shoes
. small wares
. specialty shops
. sporting goods and equipment
. stationery
. toys and games
. variety stores
Rooming and boarding houses. Houses with individual bedrooms that are rented to between three
(3) to five (5) persons for profit, whether or not meals are provided.
Rugs and upholstery cleaning. See "Laundries/dry cleaning plants."
S. Definitions, "S."
Satellite television or personal internet broadband dishes/antenna. See A Wireless
telecommunications facilities@; however these facilities shall be less than 3 feet or 2 meters in
diameter.
Scenic land. Any area of land or water that possesses scenic qualities suitable for preservation.
Schools, commercial. See "Commercial schools."
Schools-K-12, private. See ASchools - K-12, public;@ however, these schools are privately owned
and operated, and also may include denominational and sectarian, boarding schools, and military
academies.
Schools-K-12, public. An institution which offers instructions in the several branches of learning
and study required to be taught in the public schools by the State Education Code. Includes
elementary, middle, junior high, and high schools serving kindergarten through 12th grade students.
Pre-schools and child day care are included under the definitions of "Child day care facilities."
Secondhand/thrift stores. Indoor retail establishments that buy and sell used products, including
books, clothing, furniture, and household goods. The sale of cars and other used vehicles is included
under "Motor Vehicle Sales."
Secondary dwelling units. A second permanent dwelling unit that is accessory to a primary
dwelling unit on the same site. A secondary dwelling unit can be attached or detached to the primary
dwelling unit and shall provide complete independent living facilities including permanent provisions
for sleeping, eating, cooking, sanitation, and parking.
Setback. The distance by which a structure, parking area, or other development feature must be
separated from a lot line. Setbacks from private streets are measured from the edge of the easement.
See also "Yard." Figure 6-8 (Setbacks) shows the location of front, side, street side, rear, and interior
setbacks.
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; ?~
Sight distance area
Front lot line
Figure 6-8
Setbacks
Shopping centers. A group or cluster of retail businesses and offices sharing common pedestrian
and off-street parking, and which are located on parcel(s) ofland having the following characteristics:
1. Minimum area ofthree acres uninterrupted or undivided by public streets;
2. Abutted on at least two sides by public streets that intersect at one corner of the shopping
center;
3. May consist of one or more lots tied together by a binding legal agreement providing rights of
reciprocal vehicular parking and access, and one or more ownerships;
4. Combination of commercial and office use with commercial uses to be at least 75 percent of
gross floor area.
Sign. Any structure, device, figure, painting, display, message placard, or other contrivance, or any
part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to
advertise, or to provide data or information in the nature of advertising, to direct or attract attention to
an object, person, institution, business, service, event, or location by any means, including words,
letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Sign shops. Commercial establishments that market and design signs and create banners. Does not
include assembly, fabrication, installation, repair, or service of signs.
Sign manufacturing. Industrial establishments that market, design, assemble, fabricate, install,
repair, and service signs of all types, sizes, and materials.
Single-family dwellings. A structure designed for and/or occupied exclusively by one family and
containing only one kitchen. Also includes factory-built housing (modular housing) units,
constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured
housing on permanent foundations. May include the rental of rooms within a dwelling also occupied
by the property owner or a primary tenant.
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Single housekeeping units. A functional equivalent of a traditional family; whose members are a
nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint
use of common areas in sharing household activities and responsibilities such as meals, chores, and
expenses.
Spa Services. An establishment that provides services to customers for financial compensation and
may include a sauna, whirlpool, and other similar amenities.
Stock cooperative. A corporation which is formed or availed of primarily for the purpose of holding
a title to, either in fee simple or for a term of years, improved real property. All, or substantially all,
of the shareholders of the corporation must receive a right of exclusive occupancy in a portion of the
real property, title to which is held by the corporation, which right of occupancy is transferable only
concurrently with the transfer of the share(s) of stock in the corporation held by the persons having
the right of occupancy.
Storage facilities. A structure or group of structures containing generally small, individual,
compartmentalized stalls or lockers rented as individual storage spaces and characterized by low
parking demand. Includes personal-, self-, or mini-storage."
Story. That portion of a building included between the surface of any floor and the surface of the
floor next above it, or if there is no floor above it, then the space between such floor and the ceiling
next above it.
Story, half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two
opposite exterior walls are not more than four feet above the floor of such story.
Half-story
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Grade
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Figure 6-9
Half Story
Structural alteration. Any change in either the supporting members of a building, such as bearing
walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
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Structure. Anything constructed or erected, which requires location on the ground or attachment to
something having a location on the ground.
Studios.. art, dance, music, photography, etc. Small-scale facilities, typically accommodating one
group of students at a time, in no more than one instructional space. Larger facilities are included
under the definition of "Commercial schools." These include facilities for: individual and group
instruction and training in the arts; martial arts training studios; photography, and the processing of
photographs produced only by users of the studio facilities; production rehearsal; gymnastics
instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.
T. Definitions, "T."
Tanning studio. An establishment that uses artificial lighting systems to produce a tan on an
individual's body. This use specifically excludes health and fitness centers ("HealthlFitness Center").
Tennis courts, private. One or more tennis courts designed and maintained for the sole and
exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests.
Textile products manufacturing. Manufacturing establishments engaged in performing any of the
following operations: Preparation of fiber and subsequent manufacturing of braids, threads, twine
cordage, yarn; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing
fabric, fiber, yarn, and knit apparel; coating, waterproofing, or otherwise treating fabric; the
integrated manufacture of knit apparel and other finished products from yam; the manufacture of felt
goods, lace goods, nonwoven fabrics and miscellaneous textiles; and upholstery manufacturing.
Theaters, movie or performing arts, and concert halls. Indoor facilities for public assembly and
group entertainment, other than sporting events, including: public and semi-public auditoriums; civic
theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public
assembly uses. Does not include uses categorized as "Adult Oriented Businesses" or as "Public
Assembly Uses."
Towing services. Service establishments where the primary function is the dispatching of tow trucks
to motorists in need of a tow to a third location. The facility provides space for the parking of the tow
trucks and the private motor vehicles of the tow truck drivers. Also includes administrative offices
for the tow truck company and indoor accommodations for servicing (minor maintenance and repair)
the tow trucks.
Does not include the short-term storage of towed vehicles ("Motor vehicle parking facilities") or the
long-term storage of towed vehicles ("Motor vehicle storage facilities"). Also does not include motor
vehicle repair of towed vehicles ("Motor vehicle repair and maintenance, minor and major").
Townhouse. A single-family dwelling unit, with a private entrance, which is part of a structure
whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed
front and rear wall to be used for access, light, and ventilation.
Trailer sales. An open paved area, other than a public street, used for the display, sale, or rental of
new or used trailers. Also includes minor incidental repair and service of the trailers displayed or
sold on the premises.
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Transitional housing. A facility designed or operated as temporary living quarters for homeless
persons for up to two years. Residents are also provided with one-on-one case management,
education and training, employment assistance, mental and physical services, and support groups.
Travel agency. An establishment primarily engaged in acting as an agent in selling travel, tour, and
accommodation services to the general public and commercial clients.
Triplex. A single structure for three living units that are independent of each other with each one
having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming
and Boarding Houses."
Trucking/freight terminals. This land use consists of transportation establishments furnishing
services incidental to air, motor freight, and rail transportation including:
X freight forwarding services
X freight terminal facilities
X joint terminal and service facilities
X packing, crating, inspection and weighing services
X postal service bulk mailing distribution centers
X transportation arrangement services
X trucking facilities, including transfer and storage
U. Definitions, "U."
Universities/colleges, private. See "Universities/colleges,
universities/colleges are privately owned and operated.
public";
however,
these
Universities/colleges, public. Includes community colleges, public colleges, universities, and
technical schools granting associate arts degrees, certificates, undergraduate, and graduate degrees,
and requiring for admission at least a high school diploma or equivalent general academic training.
V. Definitions, "V."
Vending machine. An unattended self-service device that, upon insertion of coin(s) or token(s) or by
similar means, dispenses anything of value including food, beverages, goods, wares, merchandise, or
serVIces.
Veterinary clinics and animal hospitals. Office and indoor medical treatment facilities used by
veterinarians, including large and small animal veterinary clinics, and animal hospitals. A maximum
of five animals may be kept overnight only if they are receiving medical treatment at the clinic/
hospital.
Video rental store. An establishment primarily engaged in the retail rental or lease of videotapes,
films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic media. Sales of
videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic
merchandise associated with VCR's, video cameras, DVD players, and electronic games are
permitted accessory uses.
W. Definitions, "W."
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Warehouse retail stores. Retail stores that emphasize the packaging and sale of products in large
quantities or volumes, some at discounted prices, where products are typically displayed in their
original shipping containers. Sites and structures are usually large and industrial in character.
Patrons mayor may not be required to pay membership fees.
Warehousing, wholesaling, and distribution facility, incidental. See Warehousing, wholesaling,
and distribution facilities, primary; however, these facilities are only incidental to a manufacturing
facility, and serve only as the warehouse for that facility. These incidental facilities do not exceed 50
percent of the total gross floor area of the manufacturing facility that it serves.
Warehousing, wholesaling, and distribution facilities, primary.
1. Warehousing. Warehouse facilities provide for the storage of furniture, household goods, or
other commercial goods of any nature. Also includes cold storage. Does not include:
warehouse, storage, or personal or mini-storage facilities offered for rent or lease to the
general public. For these see "Storage facilities."
2. Wholesaling and distribution facilities. Wholesaling and distribution facilities include
establishments engaged in selling merchandise to retailers; to industrial, commercial,
institutional, farm, or professional business users; or to other wholesalers; or acting as agents
or brokers in buying merchandise for or selling merchandise to these persons or companies.
Includes the following establishments:
X agents, merchandise or commodity brokers, and commission merchants
X assemblers, buyers and associations engaged in the cooperative marketing of farm products
X merchant wholesalers
X stores primarily selling electrical, plumbing, heating and air conditioning supplies and
equipment.
Wildlife habitat. Any area of land or water valuable or necessary to or suitable for the preservation
or enhancement of wildlife resources.
Wireless telecommunications facilities - non-stealth. See Wireless telecommunications facilities-
stealth; however, these facilities do not meet the definition of a stealth facility, defined below.
Wireless telecommunications facilities - stealth. A land use facility supporting antennas that sends
and/or receives radio frequency signals.
1. Wireless telecommunications facilities. Wireless telecommunications facilities include
antennas and all other types of equipment for the transmission or receipt of these signals;
telecommunication towers or similar structures built to support the required equipment;
equipment cabinets, Base Transceiver Stations, and other accessory development. Also
referred to as a "Telecommunication facility."
2. Stealth facility. A stealth facility is any telecommunications facility which is designed to
blend into the surrounding environment, and is visually unobtrusive. Examples of stealth
facilities may include architecturally screened roof-mounted antennas, facade mounted
antennas painted and treated as architectural elements to blend with the existing structure.
Also known as "Concealed telecommunications facilities."
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X. Definitions, "X," "Y," "Z."
Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground
upward, except as otherwise provided in this Zoning Code.
Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum
horizontal distance between the front lot line and a line parallel thereto to the lot.
Yard, rear. A yard extending across the full width of the lot between the most rear main building
and the rear lot line; the depth of the required rear yard shall be measured horizontally from the
nearest point of the rear lot line toward the nearest part of the main building.
Yard, side. A yard between the main building and the side lot line, extending from the front yard, or
front lot line where no front yard is required, to the rear yard; the width of the required side yard shall
be measured horizontally from the nearest point of the side lot line toward the nearest part of a main
building.
Yard Sale. See "Garage/Yard Sales, Private."
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: Rear Setback Une (Measured from Rear Property Une) :
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Figure 6-10
Yards
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